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(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)