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Except as provided in this title, no person shall offer for sale or sell at retail any fireworks without first having applied for and received a license from the city to do so for each location at which the fireworks are sold or offered for sale. (Ord. 2011-12, 6-16-2011)
Applications for a license to sell fireworks shall comply with the requirements of section 5.14.035 of this title and shall be accompanied by:
A. Public Liability Insurance: Certificates evidencing public liability insurance coverage in the amount of two hundred thousand dollars/four hundred thousand dollars ($200,000.00/$400,000.00), and property damage insurance coverage in the amount of two hundred thousand dollars ($200,000.00). Such certificates shall designate the city as an additional insured;
B. Products Liability Insurance: Certificates evidencing products liability insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence;
C. Statement Of Compliance: A statement that the applicant agrees to comply strictly with the terms of this chapter, the laws of the state, the city and this license as granted; and
D. State Sales Tax Permit: Evidence of a current sales tax permit issued by the state. (Ord. 2011-12, 6-16-2011)
The annual fee for a license to sell fireworks shall be as specified on the fee schedule adopted pursuant to title 3, chapter 3.35 of this code. (Ord. 2011-12, 6-16-2011)
The following shall be general requirements which must be followed by all persons selling fireworks within the city:
A. Clearance Of Combustible Materials: All weeds and combustible materials shall be cleared from any fireworks sales location, including a distance of at least twenty five feet (25') surrounding the sales location;
B. Discharge Prohibited Signage: A sign bearing the message "discharge of fireworks prohibited within 100 feet of this location" in letters at least three inches (3") tall, shall be conspicuously displayed at each fireworks sales location;
C. Supervisor: There shall be at least one supervisor, no younger than eighteen (18) years of age, on duty at all times when the sale of fireworks is in progress. Such supervisor shall remain near the sales location at all times unless suitable locking devices are provided to prevent the unauthorized access to the merchandise by others, or unless the merchandise is removed;
D. Self-Service: Any fireworks shall be effectively kept away from any kind of self-service by the public unless the fireworks are prepackaged and kept in the original package;
E. Display Of Licenses: The license authorizing the sale of fireworks and a copy of the sales tax permit used by the licensee shall be available for inspection by public safety personnel;
F. Sales To Minors: Fireworks shall not be sold to any person under the age of sixteen (16) years, unless such person is accompanied by an adult;
G. Storage: The storage of fireworks for sale shall not be located in residential areas;
H. Discharge Authorized; Signage: A sign indicating the legal dates for the discharge of fireworks shall be posted at all fireworks sales locations in such a position as to be clearly visible to the general public;
I. Hazardous Conditions: No amount of retail storage or retail sales of fireworks shall, by its presence, create a distinct hazard to any person or property;
J. Exits: Each fireworks stand up to twenty four feet (24') in length must have at least two (2) exits. Each fireworks stand in excess of twenty four feet (24') in length must have at least three (3) exits. All exits shall be spaced at approximately equal distances apart. Exit locking devices, if any, shall be easily released from the inside without special knowledge, key or effort;
K. Fire Extinguishers: Each fireworks stand shall maintain a two and one-half (21/2) gallon 2A rated water pressure type fire extinguisher or an ABC minimum 2A:10BC rated fire extinguisher near each exit, and such extinguishers shall be kept in good working order and shall be easily accessible for use;
L. Smoking; Signage: Two (2) signs, each sign bearing the message "no smoking within 50 feet of this stand" in letters at least three inches (3") tall, shall be displayed on each and every side of a fireworks stand;
M. Aisle: Each temporary stand shall have a minimum three foot (3') wide, unobstructed aisle running the length of the stand, inside and behind the sales counter;
N. Pass-Through Openings: Any pass-through openings for the sales of fireworks in temporary stands shall be arranged to permit the customer to view the merchandise for sale, but shall prevent the touching or handling of nonprepackaged fireworks by the customer;
O. Overnight Storage; Locking Device: In the event that the temporary stand is used for the overnight storage of fireworks, it shall be equipped with suitable locking devices to prevent unauthorized entry; and
P. Sleeping Prohibited: No person shall sleep in a temporary fireworks stand. (Ord. 2011-12, 6-16-2011)
The following requirements shall be specifically applied to any indoor fireworks sales locations:
A. Distance To Flammable Materials: In all retail sales locations in permanent structures where fireworks are sold, the area where fireworks are displayed or stored shall be at least fifty feet (50') from any flammable liquid or gas, or from any other highly combustible material. Fireworks shall not be stored, including stock for sale, near any exit doorways, stairways, or in any location that would impede egress;
B. Original Packaging Required: Fireworks shall be stored, handled, displayed and sold only as units in their original packaging; and
C. Display Inside Buildings: Fireworks inside buildings shall be displayed with regard to the following restrictions:
1. Up to two hundred fifty (250) pounds of fireworks: Display of fireworks is unrestricted;
2. From two hundred fifty one (251) pounds to five hundred (500) pounds of fireworks: Display of fireworks must be within constant visual supervision of sales personnel; and
3. In excess of five hundred (500) pounds of fireworks: Display of fireworks must be constantly attended by a salesperson. (Ord. 2011-12, 6-16-2011)
It is unlawful for any person to:
A. Sales Locations: Discharge a firework within one hundred feet (100') of any fireworks sales location;
B. Abutting Properties: Ignite, explode, project or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon or over or onto the property of another; and
C. Dwellings: Ignite, explode or otherwise make use of any fireworks within twenty feet (20') of any residence, dwelling or other structure. (Ord. 2011-12, 6-16-2011)
A. Authority: The city manager is hereby authorized to issue temporary regulations (not to exceed 60 days) and restrictions pertaining to the discharge of fireworks as defined by this chapter in order to preserve the health, welfare, and safety of individuals and property within the city.
B. Limitation: This grant of authority is limited to issuing restrictions based upon climatic conditions which may or have created an unreasonable risk of damage to persons and/or property.
C. Penalty: Any person who is guilty of discharging a firework contrary to any order issued pursuant to this section shall be guilty of a class C misdemeanor. (Ord. 2011-12, 6-16-2011)