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(A) It shall be unlawful for any person, firm, partnership, corporation, or business entity of any other type to offer for sale or display or to use or explode any fireworks within the City of Palm Bay except as provided in Fla. Stat. §§ 791.02, 791.04 or 791.07, or under any provision of this chapter.
(B) The Fire Marshal shall develop an affidavit that all sellers of fireworks shall use to determine the entitlement of any purchaser to buy fireworks at either retail or wholesale.
(C) Prior to any sale, the purchaser of any fireworks must furnish written proof of identification to the seller that the purchaser is registered with the Division and is otherwise in compliance with Fla. Stat. Ch. 791. The seller shall retain a copy of any proof of registration presented. The proof from the Division shall be in a written form approved by the Division.
(D) The seller must maintain an on-site record of all sales, including the name and address of each purchaser, the form of the purchaser's identification presented along with any unique identifier, with a photograph associated with that identification (e.g., drivers license and number), and proof of registration and compliance with Fla. Stat. Ch. 791. If the seller determines that registration under Fla. Stat. Ch. 791 is not required, then the basis for such exception or exemption shall be recorded on a form approved by the Fire Marshal.
(E) It shall be unlawful for any person, firm or business entity of any type or form not registered with the Division, pursuant to Fla. Stat. § 791.04, to purchase or possess fireworks. The seller of fireworks shall retain possession of such fireworks and shall be responsible for shipping all such fireworks to the purchaser or other authorized recipient at an out-of-state point of delivery.
(F) Any person, firm or business entity of any type or form who, pursuant to rules promulgated by the Department of Agriculture and Consumer Services, under Fla. Stat. § 791.07, purchases fireworks for frightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by the City pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in subsection (D) above.
(G) The purchaser of fireworks to be used by a railroad or other transportation agency must provide a copy of the business license or other government-issued document evidencing that the purchaser is a legitimate railroad or transportation agency. A commercial driver's license, by itself, does not meet the requirements of this section. A copy of this document must be maintained by the seller.
(H) The purchaser of fireworks to be used in quarrying or for blasting or other industrial use must produce a copy of the quarry or mine permit or business license or other government-issued document showing that the purchaser is operating a mine, quarry, or other industrial enterprise. The seller shall maintain a copy of this proof and note the use to which the fireworks will be applied as well as a record of the location where the fireworks will be used. The purchaser of fireworks to be used in a public display authorized pursuant to a written permit issued by any government agency must produce a copy of the current permit and the seller must keep a copy of said permit with the records of sale.
(I) All appropriate local and state permits, registrations, certificates and licenses must be displayed at each wholesale, and distribution site.
(J) Sellers must maintain copies of the records required by this chapter at the locations where the sales take place for a period of four (4) years from the date of the sale. Fireworks are not permitted to be sold from any temporary location. These records must be available and provided immediately upon request for inspection by fire or law enforcement officials of the City. In the event that the sales location closes or moves, the records required by this section to be retained must be stored at a location in the City of Palm Bay where they will be readily available for inspection by the Fire Marshal, fire officials, or law enforcement. The seller shall advise the Fire Marshal of any change in the location of these records.
(K) The purchaser of fireworks to be used in a ceremonial event shall provide evidence of the ceremonial event in which the fireworks are to be used, including a detailed description of the event, celebration, or special occasion. The Fire Marshal has the authority to request additional information, if needed, to determine whether the event qualifies as a ceremonial event under this chapter.
(L) It shall be unlawful for any person to sign a false or misleading affidavit, or otherwise provide false or misleading information, calculated to create the appearance that the person is qualified to sell, purchase, possess, or display fireworks under this chapter.
(Ord. 2005-78, passed 12-1-05; Am. Ord. 2006-43, passed 5-4-06)