§ 94.58 EXCEPTIONS.
   (A)   This subchapter shall not prevent any public or private demonstration or display of fireworks of any kind under the supervision of the fire marshal, after application is made and a written permit is issued by the fire marshal for such demonstration or display. No permit shall be granted unless such demonstration or display shall be of such character, and so located, discharged or fired, as in the opinion of the fire marshal shall not be hazardous to property or endanger the public safety.
   (B)   This subchapter shall not apply to the sale or possession for sale of fireworks at a state licensed location that was in the business of selling fireworks before the final passage of this subchapter and which is now subject to the prohibitions in this subchapter merely as a result of their involuntary annexation into the city. Each such licensed location shall obtain a permit, at no cost, from the city indicating their right to continue selling fireworks as an exception to this subchapter. Each permitted location must be open to the public at least once per year at its current location to maintain its permitted status, unless an emergency order or disaster declaration is issued preventing the sale of fireworks due to drought or other emergency.
   (C)   This subchapter shall not apply to the private possession of factory sealed packages of fireworks purchased for later private use and being transported from the point of sale to a point of storage in a private home or location, or from the point of storage to the point of legal discharge outside of the city limits.
   (D)   The following locations were annex into the city and can remain as is, unless the business closes, the structure is destroyed, or the property is abandoned for six months or longer.
      (1)   Hess Fireworks Superstore 1040 Hwy 67 East (East 16th Street); and
      (2)   TNT Fireworks Supercenter 5525 US 271 south (South Jefferson).
(Ord. 2014-19, passed 12-15-14; Am. Ord. 2021-4, passed 3-16-21)