A. Retail Sales:
1. The local authority having jurisdiction may require a permit for the retail sale of nonaerial common fireworks.
2. If a permit is required, the applications shall be on a form approved by the authority having jurisdiction and shall include the name and address of the applicant (or the names of all partners, if a partnership, the name of the corporation and the corporate officers if a corporation, or the name of the limited liability company and all of its members, if a limited liability company), the primary location of the business, each location at which fireworks are to be stored and the applicant's Idaho Sales Tax seller's permit number, if applicable.
3. A bond or valid certificate of public liability and property casualty insurance providing coverage of up to one million dollars ($1,000,000.00) for personal injury and property damage shall be required at the time of application.
4. The authority having jurisdiction may assess a fee for issuing a permit under this section which shall not exceed twenty five dollars ($25.00).
5. The permit shall be issued if the application is complete in compliance with applicable law, shall be valid for twelve (12) months from the date of issuance and shall be nontransferable.
6. The permit required under this subsection may be revoked if the permittee violates any provisions of this chapter. A permit revocation proceeding shall comply with the provisions of Idaho Code title 67, chapter 52.
7. The permit shall be displayed in public view at the location listed on the permit.
B. Public Displays Or Other Events:
1. The authority having jurisdiction may, at its discretion, issue a permit for public display or other events in the following circumstances:
a. After determining that the public display will be supervised by a qualified person and will not constitute an unreasonable hazard to persons or property. Appropriate National Fire Protection Association or County Fire Code provisions may be used as guidance for this determination.
b. After determining that sales and use of fireworks outside the normal sales period provided in Idaho Code 39-2606, or proposing the use of fireworks in addition to nonaerial common fireworks will not constitute an unreasonable hazard to persons or property.
2. An application for a permit for public display or other event shall be on a form approved by, and contain the information reasonably requested by, the authority having jurisdiction.
3. The permit shall be nontransferable, shall list the specific date or dates upon which the display or event shall occur and the types of fireworks and uses that will be allowed.
4. A bond or valid certificate of public liability and property-casualty insurance providing coverage of up to one million dollars ($1,000,000.00) for personal injury and property damage may be required at the time of application for public display of special fireworks.
5. The authority having jurisdiction may assess a fee for issuing a permit for public display under this subsection which shall not exceed one hundred twenty five dollars ($125.00). There shall be no fee for the issuance of a permit for any event other than a public display event.
6. Alteration of fireworks may be performed by a person in possession of a valid public display permit.
7. If a public display or other event using fireworks is to be held over a lake, river or other navigable waterway in the County, the applicant must obtain a marine event permit 1 from the Sheriff. (Ord. 79B, 5-26-1998; amd. Ord. 513A, 10-31-2017)
Notes
| 1 | 1. See section 6-2-11 of this Code. |