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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
(A) The annual license fee shall be in the amount duly established by the Council from time to time. The license fee shall cover the administrative and enforcement costs, including the conduct of unannounced compliance checks, inspections by the Fire Chief, inspections by the Police Department or other city department, as well as sampling and testing of the merchandise to ascertain chemical content. Full payment of the required license fee shall accompany the application.
(B) When the license is for premises not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license or upon the date the building is ready for occupancy, whichever is sooner.
(C) When a new license application is submitted as a result of incorporation by an existing licensee and the ownership, control and interest in the license are unchanged, no additional fee shall be required.
(D) A separate fee and license shall be required for each separate, non-contiguous licensed premises, even if owned and operated by the same licensee. An application for the renewal of an existing license shall be made prior to the expiration date of the license and shall be made in such form as the issuing authority requires.
(E) The annual license expires December 31 of each year.
(F) The annual license fee of each retail seller that is in the business of selling only the permitted consumer fireworks as described by Minn. Stat. § 624.20, Subd. 1(c), as it may be amended from time to time, may not exceed $350, and the annual license fee of each other retail seller may not exceed $100.
(1992 Code, § 420:15) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004)
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