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(A) The storage of fireworks, consumer fireworks, display fireworks or theatrical pyrotechnic devices at retail, wholesale, storage of manufacturing facilities shall be reported in writing to the City Fire Chief or his or her designee and shall comply with all of the provisions set out in KRS Chapter 227, National Fire Protection Association (NFPA) 1124 (current edition) and other applicable federal and state laws with the exception that the storage of fireworks, consumer fireworks, display fireworks or theatrical pyrotechnic devices shall not be allowed in multiple-tenant buildings and all such storage shall be in standalone permanent structures. All such stand alone permanent structures shall have a minimum of 50 feet separation from adjacent buildings and structures.
(B) The storage of such fireworks shall also comply with applicable city building and fire regulations, zoning regulations and business registration requirements and the notification to the Fire Chief or his designee shall include a zoning verification letter and a copy of the city's business registration form. The notification shall also include a site plan showing the size of the lot, the location of the permanent structure, the setback of the structure from the right-of-way, locations of adjacent structures and other information that may be required by the Fire Chief. The notification shall include a copy of a deed to the property or a written lease from the owner or authorized agent of the owner of the property granting permission or consent to the tenant to store fireworks at that location.
(Ord. 25-2011, passed 12-13-2011)
(A) No person, firm, partnership, corporation or other business entity shall offer for sale, expose for sale, sell at retail, keep with the intent to sell, possess, use or explode any display fireworks except as authorized in KRS 227.710.
(B) The Fire Chief or his or her designee may grant at any time during the year permits for supervised public displays of fireworks with such public displays handled by a competent display operator. All public displays must comply with the provisions of KRS 227.710 and no permit shall be approved without documentation that the display has been approved by the State Fire Marshal. The permit shall be valid only for the specific authorized public display event, shall be valid only for the designated permittee and shall not be transferable. Public display events may occur at any specified time during the calendar year.
(Ord. 25-2011, passed 12-13-2011; Am. Ord. 13- 2012, passed 8-21-2012)
(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)
Due to the need to closely inspect and monitor the sale of fireworks, the city hereby imposes fees to cover the cost of the inspection of facilities and inspections of the sale of fireworks. The fees for permits required by this subchapter are as follows:
(A) There shall be a fee of $100 for the review, issuance and inspections for a display fireworks permit.
(B) The fee for the review, issuance and inspections for an ancillary fireworks retail permit shall be $500 for the initial annual permit and $250 for each annual review. This permit fee shall be in addition to all other occupational license fees payable by the permittee.
(C) The fee for the review, issuance and inspections for a seasonable fireworks retail permit and a permanent fireworks retail permit shall be $1,000 annually. This permit fee shall be in addition to all other occupational license fees payable by the permittee.
(D) All permits required by this chapter shall be issued by the Fire Chief or his or her designee. All permit fees shall be payable to the city and are to be submitted to the city's Revenue and License Office located in the City Municipal Building prior to the issuance of any permit.
(Ord. 25-2011, passed 12-13-2011)
(A) Any person convicted of violating § 101.04(I) shall be deemed guilty of a violation and subject to the monetary fine set out in the Kentucky Revised Statutes.
(B) Any person convicted of violating the remaining provisions of this subchapter shall be deemed guilty of a misdemeanor and shall be fined not more than $1,000, or imprisoned for not more than 30 days, or both.
(C) The Fire Chief may revoke or suspend the permit of any person or business entity that violates the provisions of this subchapter, including but not limited to, the failure of the permittee to comply with this subchapter and other laws and regulations involving the sale, display or storage of fireworks, the failure of the permittee to pay the appropriate permit fees and other taxes and fees payable to the city, and the submission by the permittee of an application that contains material false or untrue statements.
(D) Any fireworks stored, sold or used in violation of this chapter may be removed by the Fire Chief or his or her designee in cooperation with the State Fire Marshal pursuant to the provisions of KRS 227.750.
(Ord. 25-2011, passed 12-13-2011)