§ 93.04 SALE AND USE OF FIREWORKS.
   (A)   No person, firm, partnership, corporation, or other business entity not classified as an ancillary fireworks retailer 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 Fire Chief of the city or his designee. The permit application shall include the name, address and phone number of the applicant, the address or addresses of the proposed sale site(s) 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 permits will be granted without the approval of the State Fire Marshal if applicable. Permits shall not be required for ancillary fireworks retailers.
   (B)   All permit applications shall be submitted a minimum of 15 days prior to the proposed sale of fireworks, including consumer fireworks. Each 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 sell consumer fireworks as defined in KRS 227.702(1), Ancillary fireworks retailers are not subject to the remaining provisions of this chapter.
   (D)   The sale of fireworks, including consumer fireworks, by permanent fireworks retailers and seasonal fireworks retailers is subject to the provisions of KRS Ch. 227 and NFPA 1124 (current edition) except as set out hereinbelow:
      (1)   The sale of consumer fireworks as defined in KRS 227.702(1) shall be allowed in multiple-tenant buildings and in stand-alone structures. All permitted structures shall have a minimum of 75 feet separation from adjacent gas pumps.
      (2)   The sale of consumer fireworks as defined in KRS 227.702(1) shall comply with applicable city building and fire regulations, zoning regulations, sign regulations, and business license regulations, and a copy of the city's business license form shall be submitted with the permit application.
      (3)   The sale of consumer fireworks as defined in KRS 227.702(2) and (3) shall not be allowed in multiple-tenant buildings and all sales must take place in stand-alone structures. All stand-alone structures shall have a minimum of 50 feet separation from adjacent buildings and structures, and 75 feet separation from any fuel pumps.
      (4)   The sale of consumer fireworks as defined in KRS 227.702(2) and (3) shall comply with applicable city building and fire regulations, zoning regulations, sign regulations, and business license regulations, and a zoning verification letter and a copy of the city's business license 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 pumps, and other fireworks retailers, and other information that may be required by the Fire Chief. Applicants for fireworks sales permits shall include a copy of the deed to the property or a written lease/agreement from the owner of the property granting permission or consent to the tenant to store fireworks at that location.
      (5)   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 consumer fireworks as defined in KRS 227.702(2) and (3) 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 at each location where the fireworks are sold.
   (H)   Appropriate city fire inspectors, code enforcement officer, and police officers are authorized to inspect the permitted site without notice and without consent during the reasonable operating hours of the permittee.
   (I)   Persons may use, ignite or explode those fireworks authorized by KRS Ch. 227 and this chapter inside the city limits. Fireworks, including consumer fireworks, may only be used between the hours of noon and 10:00 p.m. on June 27 through July 3 and on July 5, and between the hours of noon and 11:00 p.m. on July 4 of any year. Fireworks 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 shall not be ignited or discharged from a motor vehicle and shall not be ignited or discharged on the property of another with the consent of the owner/occupant, or on any public property. Any person wishing to use fireworks authorized by KRS 227 and this chapter in the city on any other days must obtain a permit from the City Fire Chief or his designee with the issuance of the permit conditioned on the applicant complying with all applicable state and local laws, rules and regulations. The permit application shall be filed no later than 15 days prior to the proposed use of the fireworks and shall be on a form provided by the city.
   (J)   On April 29, 2022, the city's water reserves were compromised by a levee breach and the Mayor subsequently declared a state of emergency. Due to this continuing state of emergency, the use of fireworks is suspended within the city limits.
(Ord. 14-03, passed 5-29-14; Am. Ord. 22-12, passed 6-30-22)