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(A) The purpose of this chapter is to regulate the sale of permitted consumer fireworks in order to protect the health, safety and welfare of the general public.
(B) The City Council makes the following findings regarding the need to license and regulate the sale, distribution, storage and display of fireworks permitted under state law.
(1) Consumer fireworks contain pyrotechnic chemical compositions that are combustible; accordingly, the unregulated accumulation, storage, display and sale of these items present a fire safety hazard.
(2) The improper disposal of consumer fireworks presents environmental hazards.
(3) Regular inspection, sampling and testing of the consumer fireworks being offered for sale is necessary to assure compliance with the limitations set forth in Minn. Stat. § 624.20, Subd. 1(c), as it may be amended from time to time, as to chemical content.
(4) Regular police inspections are necessary to prevent the sale of these materials to minors.
(5) Regular inspections by the City Fire Chief are necessary to prevent improper display, storage and disposal of consumer fireworks.
(6) Accurate information concerning the addresses and locations of persons dealing in permitted consumer fireworks in the city is necessary to facilitate the inspection of the premises for compliance with necessary safety regulations and performance standards and to assist the city in responding to any emergency situation arising out of or adjacent to this business.
(1992 Code, § 420:00) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT. A person 18 years of age or older.
BUSINESS. The business of selling, storing or displaying any form of permitted consumer fireworks.
ISSUING AUTHORITY. The City of Owatonna.
LICENSED PREMISES. The premises described in the approved license application and approved site plan for the sale, display and storage of permitted consumer fireworks.
LICENSEE. The person to whom a license is issued under this chapter, including any agents or employees of the person.
LICENSED CONSUMER FIREWORKS. Those non-explosive, non-aerial pyrotechnic entertainment devices containing only the limited amounts of pyrotechnic chemical compositions permitted by Minn. Stat. § 624.20, Subd. 1(c), as it may be amended from time to time.
PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or non-profit corporation; a trust; a political subdivision of the state; or any other business organization.
(1992 Code, § 420:05) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004)
No person shall keep for retail sale or wholesale distribution, sell at retail or wholesale, or otherwise supply or furnish as part of a commercial transaction any permitted consumer fireworks without first having obtained a current license hereunder, paid the required license fee and conspicuously posted the license on the licensed premises. Issuance of a license under this chapter shall not relieve the person from obtaining any other licenses required by this code of ordinances, state law or federal law to conduct this or other businesses at the same or any other location.
(1992 Code, § 420:10) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004) Penalty, see § 111.99
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