(A) The Village Clerk-Treasurer shall issue a single license to permit the sale of fireworks at retail to those duly organized and existing not-for-profit and benevolent organizations or associations meeting the criteria set forth in division (C) below whose application has been approved for such purposes by the village. No person issued a retailer’s license shall be authorized to purchase, sell, store, hold for sale, offer for sale or accept delivery of any fireworks other than fireworks sold or distributed by a jobber or distributor that has been licensed by the village for such purposes.
(B) No application of any organization shall be approved by the village and no license to sell fireworks as a retailer shall be issued except to an organization that:
(1) Is a duly organized not-for-profit and benevolent organization or association that has been operating or doing business on a not-for-profit and benevolent basis within the village for at least one year prior to April 1 of the year in which the application required by this section is submitted and has actually conducted or engaged in community betterment activity during such period;
(2) Has been licensed by the state as a retailer; and
(3) Has made application for such license required by division (E) below.
(C) Notwithstanding any other provision of this code, no organization shall be eligible to receive a village retailer’s license for the license year following any license year during which the organization:
(1) Failed to satisfactorily evidence the payment of all sales taxes applicable to the sales of fireworks by the organization for such license year or otherwise failed to comply with §§ 92.57, 92.58 and 92.67; or
(2) Had a village retailer’s license revoked by the village. Thereafter, an organization that was ineligible to receive a village retailer’s license by application of division (C)(1) above shall remain ineligible until such organization has paid the applicable sales tax for the deficient license year and has otherwise satisfactorily complied with §§ 92.57, 92.58 and 92.67 for non-compliant license year to the extent possible.
(D) Application for a retailer’s license shall be made to the Village Clerk-Treasurer between April 1 and April 30 of each year; provided that in the event such date shall fall on a weekend or a day that is a holiday recognized by the village, such application shall be submitted no later than the close of business on the first business day of the village following such date. The Village Clerk-Treasurer shall promptly forward each application to the village. No application shall be accepted unless the full application and supporting documentation is completed and submitted to the Village Clerk-Treasurer at the time of submission. Applications shall only be supplemented if allowed by the village and only for good cause shown. Examples of good cause shall include, but not be limited to, information that is an applicant is waiting on from the State Fire Marshal, bond approval or other state requirement that may be delayed. The application and any supplemental information shall be maintained in the office of the Village Clerk-Treasurer.
(E) Application shall be made on a form provided by the Village Clerk-Treasurer for such purposes and shall include the following:
(1) The identity, address and telephone number of a contact person for the organization, together with a copy of the retailer’s license issued by the state to the organization;
(2) To the extent that the organization is required by law to register its existence or make some other filing in order to be authorized to lawfully operate or to conduct business in the state and/or the village, a certified copy from such appropriate governmental body or agency showing that at the time of the application the organization is existing, validly organized, in good standing and certified to do business or operate in the state; provided, however, that to the extent the organization is not so required (e.g., lodges, social, civic, fraternal and beneficial entities authorized under Neb. RS 21-608), the organization shall include such information as may be necessary or appropriate to evidence to the village that it is validly organized, in good standing and able to do business in the village;
(3) Documentation evidencing that the organization is currently operating as a not-for-profit and benevolent organization or association within the village and otherwise meet the eligibility requirements set forth in division (B)(1) above;
(4) A verified statement identifying (by name and state license number) all distributors or jobbers with whom such organization will do business as a retailer during the year of application if the license is issued, with appropriate documentation from the distributor or jobber supporting such statement;
(5) Documentation evidencing the organization’s due payment of all sales taxes applicable to the sales of fireworks by the organization in the preceding year;
(6) A verified statement that, as a condition of the license, the organization:
(a) Agrees to purchase fireworks only from those distributors or jobbers that are identified in the statement submitted pursuant to division (E)(4) above to whom a license for such purposes has been issued by the village;
(b) Agrees to comply with and abide by all provisions of this code, including any directive from the village in respect to this code or to the laws, rules or regulations of the state;
(c) Agrees to sell fireworks only from a single sales outlet meeting the requirement of this code at the approved location identified in its application by address or other suitable area description;
(d) Understands that any such license issued to the organization is personal to the organization and the organization agrees that it will not assign or transfer or attempt to assign or transfer the license in any manner; and
(e) Understands and agrees that the village is authorized and entitled, in its discretion, to revoke or suspend the organization’s village retail license (and upon demand the organization shall immediately surrender its license to the village and cease selling any fireworks) upon the occurrence of any act, error or omission of the organization (including any of its members, officers, directors or agents) that results in:
1. A violation of any of the agreements or understandings set forth in this division (E)(6);
2. A violation of the laws, rules or regulation of the state pertaining to the sale or storing of fireworks that may, or does, result in the revocation or suspension of its state retailers license; or
3. A violation of this subchapter that constitutes an immediate threat, in the opinion of the fire inspector, to public health, safety or welfare.
(7) A verified statement that the organization understands that, in addition to the eligibility criteria otherwise set forth in this code, as a condition of being permitted to apply for a license, the organization shall:
(a) Have made the timely payment of all applicable sales and other taxes resulting from the retail sale of fireworks, including any related reporting obligations, under any similar license issued by the village in the preceding year; and
(b) Have made a timely and true and correct filing of any statement required by § 92.67.
(8) Any other information request on such form as may be appropriate in order that the village may ascertain that the organization shall have complied with any applicable provisions of this code.
(F) In any year, if more than 25 duly completed applications from eligible organizations are received by the Village Clerk-Treasurer and have been approved by the village, then the Village Clerk-Treasurer shall issue licenses from among such approved organizations as follows:
(1) Those organizations that were issued a similar license by the village in the immediately preceding license year shall be issued a license; and
(2) In the event that after expiration of the appeal time as outlined in division (G) below for all organizations whose applications were not approved by the village (other than by application of divisions (B) or (C) above), there are less than 25 organizations that have been issued a license by application of division (F)(1) above, and there remain organizations whose applications were approved by the village, the Village Clerk-Treasurer shall issue licenses to a number of approved organizations equal to a number that when added to the total of licenses issued for that year pursuant to division (F)(1) above does not exceed 25; provided that the organization who received a license in the preceding year and whose appeal has been successful shall be accorded the same priority as if approved by the village. The organization to be issued a license pursuant to this division (F)(2) shall be determined by lot in a manner the village finds to be appropriate.
(G) The village shall approve or deny all the applications of all organizations by no later than the second Monday in May in the year of the application. Any denial shall be made in writing personally delivered or sent by regular mail addressed to the person designated in the application specifying the reasons for the denial. Any denial may be appealed to the Board of Trustees by written notice made to the village within ten calendar days of the date of the denial; provided, however, no appeal shall be permitted because denial was the result of the application of divisions (B) or (C) above and no appeal shall be allowed to any organization denied a license by the application of division (F)(2) above. The village shall schedule a hearing before the Board of Trustees at the next available and regularly scheduled Board of Trustees meeting that is at least five business days after receipt of such notice of appeal.
(H) Whenever an organization has been approved by the village or by a successful appeal to the Board of Trustees, no license shall be issued.
(1) Unless the organization shall first:
(a) Pay the village a license fee in the amount stated in the master fee schedule in cash or by check representing then good funds;
(b) Furnish the bond required by § 92.61; and
(c) File a copy of its state retail license with the Village Clerk-Treasurer.
(2) The inspection contemplated by § 92.63 has been successfully completed.
Penalty, see § 10.99