A. Permit Required: No person shall sell fireworks at retail in the city of Mesquite unless that person has applied for and obtained a permit(s) from the Mesquite fire and rescue chief or his or her designee. No permit shall be issued to an applicant prior to the Mesquite fire and rescue chief or his or her designee inspects all proposed consumer retail sales locations and all proposed firework storage areas. Permits issued pursuant to this section are site specific and shall specify the approved retail sales location and approved storage location(s). This permit requirement is in addition to any other applicable licensing, zoning, or other code requirement.
B. Permit Fee: Each applicant for a permit must pay, at the time of application, a permit fee of zero dollars ($0.00) for each location.
C. Orientation Meetings: One or more designated staff member(s) with the city of Mesquite fire and rescue department shall hold at least two (2) orientation meetings per year for retailers of consumer fireworks. The purpose of these meetings shall be to review applicable code requirements and the Southern Nevada Fire Chiefs Association "Approved Guidelines For Fireworks". Each permit applicant shall designate at least one representative per consumer fireworks sales location to attend at least one meeting per year. The representative selected to attend the orientation meeting must be available for the inspection of the consumer fireworks sales location on the day of the permit inspection.
D. Denial, Revocation Or Suspension Of Permit: The Mesquite fire and rescue chief or his or her designee may deny, revoke, or suspend a permit for good cause, which includes, but is not limited to, the following grounds:
1. The application is incomplete or contains false, misleading or fraudulent statements with respect to any information required;
2. The proposed sale would pose a threat to the health, safety or general welfare of the public;
3. The applicant in the past has failed to satisfy any qualification or requirement imposed by this code or by other local, state or federal law or regulation pertaining to such sales, or to comply with the conditions of a previous permit;
4. The sale as proposed will be conducted in a manner contrary to a qualification or requirement imposed by this code or by other local, state or federal law or regulation pertaining to such sales;
5. The structure or location of the proposed sale is determined, upon inspection, not to conform with applicable standards set forth in this chapter or other local, state or federal law or regulations;
6. The applicant or permit holder fails to comply with any conditions of a current permit.
E. Validity: Unless a provision of this code specifies a shorter time period for sales of consumer fireworks, a permit issued pursuant to this section is valid for three (3) months. A permit issued for a retail location shall be kept at the applicable retail sales location.
F. Appeal Of Administrative Decision:
1. Review By City Manager: Where it is alleged that there is error in any decision or determination made by an administrative official pursuant to administrative authority granted pursuant to this chapter, an appeal of such determination shall first be made to the city manager by delivering a written document entitled "request for review of administrative decision" to the office of the city manager. Appeals to the city manager must be made within fifteen (15) days of the date of the administrative decision or determination.
The city manager shall conduct a recorded hearing within thirty (30) days after receipt of the "request for review of administrative decision" and shall consider the evidence submitted by the appealing party and the city of Mesquite. The city manager must base his/her decision on the preponderance of the evidence presented at the hearing and must render a decision within fifteen (15) days after the date of the hearing. The decision or determination shall affirm, reverse, or modify the administrative decision or determination.
2. Appeal To City Council: Any person aggrieved by the decision or determination of the city manager may appeal that decision or determination to the city council by delivering a written document entitled "notice of appeal" to the office of the city clerk within fifteen (15) days after receiving the decision of the city manager. The city council may consider the record of the prior appeal to the city manager and may take additional testimony. The city council must render a decision or determination on the preponderance of the evidence and shall render a decision within sixty (60) days after receiving the appeal. The decision or determination shall affirm, reverse, or modify the decision or determination of the city manager.
3. Stay Of Action: Filing of an appeal stays any action by the city related to the administrative decision or determination until the city manager and/or city council have rendered a decision. (Ord. 456, 12-11-2012)