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(A) The Fire Marshal is authorized to issue permits required for all sales of fireworks within the City of Palm Bay subject to and within the guidelines and limitations of Fla. Stat. Ch. 791.
(B) Any person, firm or business entity of any type or form that engages in the sale or in the distribution or manufacturing of fireworks must first apply and secure a permit from the Fire Marshal. This requirement is in addition to any licensing or permitting required by any other governmental agency. All sale of fireworks without first obtaining a permit constitutes a violation of this chapter.
(C) In order to obtain a permit, an applicant must provide proof of compliance with all state, local, and Federal regulations regarding the storage, display for sale and sale of fireworks at each location listed on the application.
(D) Applications for such permits shall include proof that the applicant is registered with the Division as a wholesaler, distributor, or manufacturer of fireworks pursuant to Fla. Stat. § 791.015, and shall be accompanied by a permit fee in the amount of seven hundred fifty dollars ($750.00).
(E) The applicant must disclose the name and address of all persons or entities having an interest (financial, security or otherwise) in the inventory that will be offered for sale.
(F) Each location at which the applicant intends to display or sell fireworks must be listed on the application. The application must also list the name and residence address of the manager in charge of each location. The permit shall be issued in the name of the applicant only and shall not be transferable.
(G) The application for the permit shall also list the nature of any other sales or business operations of the applicant that are to take place at the permitted premises.
(H) When a permit is issued, the permit holder shall have a continuing obligation to notify the Fire Marshal of any change in the information set forth in the application for the permit including, but not limited to, any change in address or closure of the permittee's operations.
(I) As a condition of maintaining the permit, the permit holder must comply with all federal, state, and local regulations governing the sale and storage of fireworks, and must maintain all necessary permits required by federal, state, or local law, ordinance or regulation. The permit holder must also comply with the record keeping provisions of any federal, state, county, or city law, regulation, rule, or ordinance. Fireworks sales and/or storage are only permitted in industrially zoned districts. Fireworks sales and/or storage are not permitted in any other zoning districts.
(J) The Fire Marshal is authorized to issue twelve (12) month Annual Fireworks Sales Permits.
(K) The Fire Marshal shall issue a permit to the applicant within thirty (30) days after a completed application has been submitted to the Fire Marshal. Incomplete applications shall stay the thirty (30) day time period for issuance. In addition, should the Fire Marshal require additional information to process the permit, such time limits shall begin once the additional information is received.
(L) Should the Fire Marshal deny an application for a permit to any applicant, said applicant may appeal the denial to the Board of Adjustments and Appeals of the City of Palm Bay. Such appeal must be filed with the City in accordance with § 52.043 of the Palm Bay Code of Ordinances.
(M) Providing false information or, in the case of a continuing obligation to provide correct information, failing to provide updated information in a timely manner, shall constitute an unlawful act punishable as allowed by law.
(Ord. 2005-78, passed 12-1-05; Am. Ord. 2006-43, passed 5-4-06)