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A. Required; When Permitted; Defined:
1. No person shall offer for sale or sell at retail any fireworks without having first applied for and received a license from the city and a permit from the fire department to do so for each location at which the said fireworks are sold. A license may be issued for the sale of fireworks only for the periods of time on or between June 23 and July 27 of each year; on or between December 29 and December 31 of each year; and two (2) days before and on the Chinese New Year's Eve.
2. Fireworks, as used in this article, shall have the same meaning as provided in the Utah fireworks act, Utah Code Annotated sections 53-7-220 through 53-7-225, as it now exists or as hereafter amended.
B. Application: Applications for a license and permit to sell fireworks shall be made in writing to the business license coordinator and shall include:
1. Payment Of License And Permit Fee: The payment of a business license and a permit fee per location as determined in chapter 1, article B of this title.
2. Proposed Location: Set forth the proposed location or locations of the fireworks stand and whether in temporary stands or in permanent buildings.
3. Insurance Certificates: Deliver to the business license coordinator insurance certificates evidencing public liability insurance coverage in the amount of two hundred thousand dollars/four hundred thousand dollars ($200,000.00/$400,000.00) and property damage insurance coverage in the amount of two hundred thousand dollars ($200,000.00). Such certificates shall designate the city as an additional insured.
4. Statement Of Compliance: Include a statement that the applicant has a copy of and agrees to comply strictly with the terms of this article, Utah Code Annotated title 11, chapter 3, and the laws of the state.
5. Sales Tax Permit: Include evidence of a sales tax permit from the state.
C. Inspection Of Premises: Upon receipt of such application, the business license coordinator shall forward the same to the fire department, which shall inspect the proposed premises and other compliance items and forthwith issue or deny its permit for the locations involved and notify the business license coordinator, which shall issue the license or deny the same as determined by the fire department.
D. Display Of License; Sales Tax Permit: The license and permit to sell fireworks and the sales tax permit used by the licensee shall be displayed in a prominent place in the fireworks stand or store.
(Ord. 2012-38, 6-26-2012)
Temporary stands will be subject to the following regulations:
A. Distance To Structures: No fireworks stand shall be within twenty five feet (25') of any building, structure or other fireworks stand nor within fifty feet (50') of any gasoline pump, or gasoline dispensing service, or LPG tank or dispensing device.
B. Code Compliance: Fireworks stands need not comply with the provisions of the current fire or building code, as adopted by title 16, chapter 2 of this code, or its successor provisions, but shall comply with all zoning ordinances. However, all such stands shall be erected in a manner that will reasonably assure the safety of tenants and patrons.
C. Exits: Each stand up to twenty four feet (24') in length must have at least two (2) exits. Each stand in excess of twenty four feet (24') in length must have at least three (3) exits. All exits shall be spaced at approximately equal distances apart.
D. Fire Extinguishers: Each stand shall be equipped with an approved, portable fire extinguisher in good working order having a minimum 2A rating at every required exit.
E. Weeds And Combustible Material: All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty five feet (25') surrounding the stand.
F. Signs:
1. Two (2) signs, each sign bearing the message "No Smoking Within Twenty Five Feet Of This Stand" in letters at least three inches (3") tall shall be displayed on each and every side of a fireworks stand.
2. A sign bearing the message "Discharge Of Fireworks Prohibited Within One Hundred Fifty Feet Of This Stand" in letters at least three inches (3") tall shall be displayed on each and every side of the fireworks stand.
G. Supervisor: There shall be at least one supervisor, eighteen (18) years of age or older, on duty at the stand at all times when the sale of fireworks is in progress. All fireworks shall be effectively kept away from any kind of self-service by the public and shall be placed in a location which is unavailable and inaccessible to members of the public.
H. Removal: Fireworks stands shall be removed within five (5) days after retail sales shall cease.
I. Deposit: Prior to the issuance of a license, each applicant shall file with the business license coordinator a cash deposit in the amount of one hundred fifty dollars ($150.00) for each temporary fireworks stand to be operated by the applicant. Such deposit shall assure compliance with provisions of this article, including, but not limited to, the removal of the stand and the cleaning of the site upon which it was located. In the event the licensee does not comply with the provisions of this article or remove the stand or clean the site, the city may do so or cause the same to be done and a reasonable cost shall be charged against the licensee and the deposit, and the balance, if any, shall be forthwith returned to the licensee.
J. Sleeping: No person shall sleep in a fireworks stand overnight.
K. Posting Notices: The supervisor of a fireworks stand shall ensure that a copy of a notice pursuant to section 11-6-3 of this code, including any exhibits thereto, is posted in at least two (2) prominent locations on the fireworks stand at all times when the stand is open.
(Ord. 2013-28, 6-18-2013)
Fireworks may only be discharged by permit or on the dates and times described in section 11-6-2 of this code.
(Ord. 2011-38, 6-21-2011)