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(A) Persons ineligible. No original or renewal license under this chapter shall be issued to an applicant if such applicant or any manager, proprietor or agent in charge of the business to be licensed:
(1) Is not 18 years of age or older on the date the license application is submitted to the issuing authority;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stat. § 364.03, Subd. 2, as it may be amended from time to time, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a purveyor of permitted consumer fireworks as prescribed by Minn. Stat. § 364.03, Subd. 3, as it may be amended from time to time;
(3) Is not of good moral character or repute;
(4) Has knowingly falsified or misrepresented information on the license application;
(5) Is not the real party in interest in the business being licensed; or
(6) Owes taxes, assessments, fines or other obligations to the United States, state, county, school district or city that are due and delinquent.
(B) Locations ineligible. The following locations shall be ineligible for a license under this chapter.
(1) Claims due. No license shall be granted or renewed for operation on any property on which taxes, assessments or other financial claims of the United States, state, county, school district or city are due, delinquent or unpaid. In the event a suit has been commenced under Minn. Stat. §§ 278.01 through 278.14, as they may be amended from time to time, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due.
(2) Improper zoning. No license shall be granted if the property is not properly zoned for the activity being licensed under this chapter, unless the business is a legal, non-conforming use.
(1992 Code, § 420:30) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004)
(A) License display. A license issued under this chapter must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application.
(B) Licensed premises. A separate license is required for each place of business.
(C) Change in ownership. Any change, directly or beneficially, in the ownership of the licensed business shall require the application for a new license and the new owner must satisfy all current eligibility requirements.
(D) Non-transferable. Each license under this chapter shall be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give or assign a license to another person.
(E) Location restrictions. A license under this chapter authorizes the licensee to carry on its business only at the place of business designated on the license. However, upon written request, the city may approve an off-site locked and secured storage facility. Such a site must meet all city zoning requirements and must have the written approval of the City Fire Chief. Buildings used for the storage of consumer fireworks shall be non-residential, shall not exceed one story and shall be without basements. The licensee shall permit inspection of the facility in accordance with this chapter. Property shall be stored in compliance with all provisions of this code of ordinances and in compliance with the standards established by the City Fire Chief. The licensee must either own the premises on which the business is conducted, and any approved off-site storage facility, or have a lease on the business premises which extends for more than one month. No retail business transactions shall be conducted at this off-site storage site.
(F) Fire restrictions. Smoking, matches, open flames, spark-producing devices and firearms shall not be permitted inside of the licensed premises or an approved storage building or within 25 feet (7.6m) of stored consumer fireworks. Signs that read “FIREWORKS - NO SMOKING” in letters not less than four inches (101.6m) in height on a contrasting background shall be conspicuously posted.
(G) Flammable liquids, gases. No consumer fireworks shall be stored within 50 feet of any dispensing unit for flammable liquids or gases.
(H) Firefighting equipment. Portable firefighting equipment shall be provided in consumer fireworks storage areas as required by the authority having jurisdiction.
(I) Emergency action plan. The operator of each consumer fireworks storage building shall prepare a written emergency action plan for employees that provides specific directions to be followed in the event of a fire. Employees shall be trained to follow this plan.
(1992 Code, § 420:35) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004) Penalty, see § 111.99
(A) Prohibited transactions. No licensee, clerk, agent or employee thereof shall sell, distribute or furnish any permitted consumer fireworks to a person under the age of 18 years, any person who is obviously intoxicated, chemically impaired or incompetent, or any person who fails to present competent age identification in the form of a current, valid Minnesota driver’s license, current, valid Minnesota identification card or current, valid photo driver’s license or photo identification issued by another state or a province of Canada.
(B) Inspection of items. The licensee must, at all times during the term of the license, allow the authorized agents of the City Police Department, the City Fire Chief or issuing authority to enter the premises where the licensed business is located, including all display areas, storage areas and all approved off-site storage facilities, during normal business hours, or beyond normal business hours where the inspector determines an emergency situation exists, for the purpose of inspecting such premises and inspecting the items, ware and merchandise therein for the purpose of verifying compliance with the requirements of this chapter, and any other applicable state and federal regulations. Upon request, the licensee must provide a test sample to the inspector for the purpose of verifying the chemical content of the merchandise.
(C) Maintenance of order. A licensee under this chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order.
(D) Smoking prohibited; open fires. A licensee under this chapter must strictly prohibit any cigarette, cigar, pipe smoking or any other open fires in or around the licensed premises and conspicuously post and maintain appropriate “NO SMOKING” signage throughout.
(E) Proper disposal of unsold permitted consumer fireworks. It shall be the responsibility of the licensee to properly dispose of all unsold permitted consumer fireworks. Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the licensee.
(F) Maintenance of sales and storage areas. Any significant deviation, enlargement or alteration from the approved site plan for the sales display and storage areas covered by the license must be pre-approved in writing by the City Fire Chief.
(G) Confiscation and destruction of illegal fireworks.
(1) Any authorized agent of the Police Department or Fire Department may seize, take, remove or cause to be removed all stocks of fireworks or other combustibles offered or exposed for sale, stored or held in violation of this chapter or applicable state or federal law.
(2) Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the licensee.
(1992 Code, § 420:40) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004) Penalty, see § 111.99
(A) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this chapter for a violation of:
(1) Fraud, misrepresentation or false statement contained in a license application or a renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed occupation or business;
(3) Any violation of this chapter or federal, state law or other municipal ordinance;
(4) A licensee’s criminal conviction that is directly related to the occupation or business licensed as defined by Minn. Stat. § 364.03, Subd. 2, as it may be amended from time to time; provided that, the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minn. Stat. § 364.03, Subd. 3, as it may be amended from time to time;
(5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community; and/or
(6) Any significant unauthorized deviation, enlargement or alteration of the approved site plan for the storage and sales display areas of the licensed premises shall, in and of itself, constitute a basis for license revocation.
(B) Notice of hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight-days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular and certified mail to the licensee at the most recent address listed on the license application.
(1992 Code, § 420:45) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004)
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