(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS. Any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. FIREWORKS shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, bottle rockets, and another device specifically described as FIREWORKS by F.S. § 791.01(4).
SPARKLER. Any device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is hand-held or ground-based, cannot propel itself
through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any
SPARKLER which is not approved by the Division of the State Fire Marshal of the Division of Insurance shall be classified as FIREWORKS.
(B) Sale prohibited. It shall be unlawful for any person, firm, corporation, partnership, business, or enterprise to sell, dispense, offer for sale, or distribute any fireworks, sparklers, or other novelty noise makers from temporary wayside stands, including but not limited to tents located in parking lots or by the roadside. Subject to the conditions of division (C) of this section, sparklers shall only be authorized to be sold in permanent, fixed business establishments in an authorized zoning district. The sale of any type of fireworks shall be strictly prohibited at all times.
(C) Conditional sale of sparklers. It shall be unlawful for any person, firm, corporation, partnership, business, or enterprise to sell, dispense, offer for sale, or distribute any sparklers until all of the following requirements are satisfied:
(1) The applicant shall obtain an annual permit from the city for the sale of sparklers, which shall be effective from October 1 to September 30 of each fiscal year. The permit fee shall be $500 per year, or any portion of a year.
(2) The applicant shall be subject to the payment of a local business tax, pursuant to the terms and conditions of Ord. 543.
(3) Before any permit shall be issued, an applicant shall file with the City Clerk a performance bond or similar security acceptable to the city naming the city as beneficiary in the sum of $2,500 per site. Each bond document shall be executed by the applicant, as principal, and a surety company authorized to do business in the state on the list of the United Sates Treasury, which must be approved by the city. The conditions on such security shall be that:
(a) The applicant shall comply fully with all provisions of this code of ordinances, the Florida Building Code and the statutes of the state regarding the sale of goods as permitted; and
(b) The applicant will pay all judgments rendered against said applicant for any violation of applicable ordinances and statutes.
(4) Before any permit shall be issued, an applicant shall file with the City Clerk proof of a comprehensive liability insurance policy, which must be approved by the city's risk manager, to provide protection in the amount of $500,000 per site location naming the city as an additional insured. The insurance must be issued by a company authorized by the State Department of Insurance and authorized to do business in the state.
(5) Each sale location must meet the approval of the city's Fire Marshal for an annual inspection.
(D) A permit issued under this section shall be posted conspicuously in the place of business named therein. In the event that such persons or persons applying for said local business tax receipt shall desire to do business in more than one location, separate local business tax receipts shall be issued for each location of business and shall be posted conspicuously in each place of business.
(Ord. 965, passed 9-19-91; Am. Ord. 994, passed 5-6-92; Am. Ord. 1207, passed 3-5-97; Am. Ord. 1576, passed 4-18-07; Am. Ord. 1715, passed 5-2-12) Penalty, see § 120.99
Statutory reference:
Sale of fireworks prohibited, see F.S. § 791.02