(A) No person, firm, partnership, corporation or other business entity shall offer for sale, expose for sale, sell at retail or keep with the intent to sell any fireworks, including consumer fireworks, without a permit approved by the City Fire Chief or his or her designee. The permit application shall include the name, address and phone number of the applicant, the address or addresses of the proposed sale site and any other information deemed necessary by the Fire Chief. Separate permits shall be issued for each proposed fireworks sale site of the applicant. No permit shall be granted without the approval of the State Fire Marshal if applicable.
(B) All permit applications shall be submitted a minimum of 15 days prior to the proposed sale of fireworks, including consumer fireworks. Each ancillary fireworks retailer, seasonal fireworks retailer and permanent fireworks retailer permit shall be valid for one year and may be renewed annually for the same location.
(C) Ancillary fireworks retailers may only be authorized to sell consumer fireworks as defined in KRS 227.702(1).
(D) The sale of fireworks, including consumer fireworks, by ancillary fireworks retailers, permanent fireworks retailers and seasonal fireworks retailers is subject to the provisions of KRS Chapter 227 and NFPA 1124 (current edition) except as set out hereinbelow:
(1) The sale of fireworks, including consumer fireworks, shall not be allowed in multiple-tenant buildings and all such sales shall be in stand alone structures. All such stand alone structures shall have a minimum of 50 feet separation from adjacent buildings and structures.
(2) The sale of fireworks, including consumer fireworks, shall comply with applicable city building and fire regulations, zoning regulations, sign regulations and business registration regulations, and a zoning verification letter and a copy of the city's business registration form shall be submitted with the permit application. The application shall also include a site plan showing the size of the lot, the location of the stand alone structure, the setback of the structure from the right-of-way, locations of adjacent structures, including fuel outlets and other fireworks retail locations, and other information that may be required by the Fire Chief or his or her designee. Applicants for fireworks sales permits, including consumer fireworks, shall provide a copy of a deed to the property or a written lease or similar document from the owner or authorized agent of the owner of the property granting permission or consent for the applicant to sell fireworks at that location.
(3) Any language in NFPA 1124 establishing a size exemption for the applicability of NFPA 1124 is hereby repealed and all sales of fireworks, including consumer fireworks, shall be subject to the provisions of this chapter.
(E) No fireworks, including consumer fireworks, may be given to, offered for sale or sold to any person under the age of 18 and no person under the age of 18 shall sell fireworks, including consumer fireworks, unless the individual is supervised by a parent or guardian.
(F) Any person or business entity applying for a permit to sell fireworks, including consumer fireworks, shall provide proof of general liability insurance in an amount of not less than $1,000,000 per occurrence for bodily injury liability, property damage liability or both combined.
(G) Any permit issued for the sale of fireworks, including consumer fireworks, shall be prominently displayed in its entirety at each location where the fireworks are sold.
(H) Appropriate city fire inspectors, building inspectors, code enforcement inspectors and police officers shall be authorized to inspect the permitted site without notice and without consent during the reasonable operating hours of the permittee.
(I) Persons may use, ignite, fire or explode those fireworks authorized by KRS Chapter 227 and this subchapter in the city. Other than as set forth in § 101.03(B), fireworks, including consumer fireworks, may only be used between July 1 and July 5 and December 31 and January 1, between the hours of 10:00 a.m. and 12:30 a.m. Fireworks, including consumer fireworks, as defined in KRS 227.702 may only be used by individuals at least 18 years of age and shall not be ignited within 200 feet of any structure, vehicle or any other person. Fireworks, including consumer fireworks, shall not be ignited or discharged from a motor vehicle and shall not be ignited or discharged on property of another without the consent of the owner or occupant or on public property. Nothing contained herein shall prohibit the Fire Chief or his or her designee from granting permits for supervised public displays of fireworks as set forth in § 101.03(B) at any time during the calendar year.
(Ord. 25-2011, passed 12-13-2011; Am. Ord. 13-2012, passed 8-21-2012)