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(A) This section shall be enforced by the City of Palm Bay Police Department or by any employee of the City of Palm Bay who has the lawful authority of arrest.
(B) Violations of this section shall be punishable and its requirements enforced as provided under Florida law.
(C) The Fire Marshal, and/or his lawful agent, shall have the authority to immediately order the cessation of the sale of fireworks at any business or location that sells fireworks without all permits required by the City of Palm Bay and the State of Florida to sell fireworks within the City of Palm Bay. When a seller is given notice to cease selling fireworks that require permits, upon notification by the appropriate agency that sales are to cease, the seller shall take appropriate action to secure its fireworks inventory immediately and to prevent further sales by securing the fireworks in an appropriate off-site, locked facility that meets state and local fire code standards. As an alternative to securing the fireworks off site, the seller shall stop all sales until such time as the required permits are obtained and during this time, store the inventory on-site if the location is secure and meets state and local fire code requirements. It shall be the obligation of the seller to ensure that adequate security is in place during the period sales are stopped. Prior to resuming the sale of fireworks, the seller shall notify the Fire Marshal both of its intent to resume sales and of the corrective action taken.
(D) Suspension of Permit. If a seller has been convicted of a violation of this chapter or of Fla. Stat. Ch. 791, and within twelve (12) months of that conviction is found guilty of another violation of this chapter or of Fla. Stat. Ch. 791, the seller's permit to sell fireworks shall be immediately suspended. The suspension shall be in addition to any sanction otherwise available under state law or this chapter. The first suspension shall be for a period of fourteen (14) days. In the event of any successive violations of this chapter or the provisions of Fla. Stat. Ch. 791, occurring within twenty-four (24) months of a suspension of permit under this chapter or Fla. Stat. Ch. 791, the seller's permit to sell fireworks shall be suspended for a period of one hundred eighty (180) days. Upon notification of a suspension of the permit to sell fireworks, the seller shall immediately remove the fireworks inventory from the premises and store them in a secure off-site location that meets all appropriate state and local fire codes. Alternatively, the seller shall stop all sales during the period of suspension if their premises are secure and otherwise meeting the requirements of local and state fire codes. For purposes of this section, a finding of violation includes the payment of any assessed fine by not contesting the notice of violation whether or not there is a court appearance.
(E) Minors. Parents or guardians are responsible for the violations of minors.
(Ord. 2005-78, passed 12-1-05)