A.   License Required: No person or retail establishment shall sell or offer to sell any fireworks without first having obtained a license to do so from the city.
      1.   A license application shall be on a form prepared by the city, shall only reference one proposed location for fireworks sales, and shall include:
         a.   The name and address of the licensee.
         b.   The proposed location where fireworks are to be sold.
         c.   The name and address of the owner of the premises in which the fireworks will be sold, and the legal relationship between the owner and applicant.
         d.   A sketch of the sale location showing where the fireworks shall be displayed, the proposed amount of fireworks on the premises at any one time and all relevant information regarding fire safety on the premises.
      2.   A license application may be denied if it presents a possible fire hazard as determined by the city, will result in violations of this chapter or state law, or the application is incomplete or inaccurate.
      3.   The term of the license shall be one year and the license fee shall be established by city council resolution. A license fee shall be due upon any renewal.
   B.   Violation: It shall be a violation of this chapter for any person to sell or offer to sell fireworks:
      1.   To any minor. It is the responsibility of the licensee to check photo identification.
      2.   By any other means, or to any other person, prohibited by federal, state or other local law, city code provision, or other regulation.
      3.   In any zoning district other than commercial or industrial, unless the proposed licensee operates a retail business that either predates the city zoning ordinance or has a conditional use to conduct retail sales.
      4.   Within one hundred fifty feet (150') of a school when in session, or church buildings or residential premises.
      5.   Without a valid city license.
      6.   Without general liability insurance in an amount of at least one million dollars ($1,000,000.00), each occurrence, two million dollars ($2,000,000.00) aggregate.
   C.   Responsibility: All licensees shall be responsible for the actions of their employees in regard to the sale of fireworks on the licensed premises, and for purposes of this section, the sale of such an item by an employee shall be considered a sale by the license holder.
   D.   Administrative Fees: All administrative fees imposed by this section are deemed payable within sixty (60) days of the date of citation, or no later than thirty (30) days after the date of any written decision determining that a violation has occurred for an appeal. Failure to pay any administrative fee imposed within the time limits set herein will result in a license suspension until the date of the payment. (Ord. 98, 5th Series, eff. 5-17-2004)