5-7-5: QUALIFICATIONS FOR PERMIT ISSUANCE:

The following qualifications must be met by each applicant for a permit:

   A.   No permit shall be issued to any person except nonprofit associations or corporations organized primarily for civic betterment or youth activities.

   B.   Each such organization must have its principal and permanent meeting place in the corporation limits of the city; must maintain a bona fide membership of at least twenty (20) members; and must have been organized and established within the city's corporate limits for a minimum of one year continuously preceding the filing of the application for the permit. (Ord. 657)

   C.   No organization shall receive more than one permit for fireworks sales during any one calendar year. One permit may be issued to two (2) or more qualifying applicants as a joint venture. The maximum number of permits which may be issued during any one calendar year shall not exceed one permit for each two thousand five hundred (2,500) residents of the city, or fraction thereof, based on the latest census estimate, or ten (10) permits, whichever is greater. (Ord. 2001-02, 5-8-2001)

   D.   If the number of applications exceed the number of permits to be issued, the permittees during the preceding year shall have first priority for the available permits, provided each permittee retains the same participating organization which operated under the permit during the preceding year. Each participating organization in a joint venture shall be deemed to be a copermittee with the same duties and liabilities under the permit. If there are any additional permits available, such additional permits shall be granted by the business license clerk on a first come, first served basis. (Ord. 657; amd. 2007 Code)

5-7-6: TEMPORARY FIREWORKS STANDS:

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is prohibited. Temporary fireworks stands shall be subject to the following provisions:

   A.   No fireworks stand shall be located within twenty five feet (25') of any building or within one hundred feet (100') of any gasoline pump.

   B.   Fireworks stands need not comply with the provisions of the building code; provided however, that all stands shall be erected under the supervision of the building official, who shall require that all stands be constructed in a manner that will reasonably ensure the safety of attendants and customers.

   C.   No stand shall have a floor area in excess of four hundred (400) square feet.

   D.   Each stand in excess of twenty four feet (24') in length must have at least two (2) exits; and each stand in excess of forty feet (40') in length must have at least three (3) exits spaced approximately equal distances apart.

   E.   Each stand shall keep and maintain in good working order at all times a two and one-half (21/2) gallon water pressure type fire extinguisher located next to each exit and easily accessible for use in case of fire. (Ord. 2013-004, 6-25-2013)

5-7-7: OPERATION OF FIREWORKS STAND:

   A.   Fireworks stands as authorized in this chapter may only operate during the period of June 28 to July 4 each year. The hours of operation for any fireworks stand shall be as set forth in the permit issued for such permittee organization.

   B.   No entity other than the permittee organization shall operate the fireworks stand for which the permit is issued.

   C.   No person other than the individuals who are members of the permittee organization, or spouses or adult children of such members, shall operate the fireworks stand or otherwise sell or participate in the sale of fireworks at such stand.

   D.   No person shall be paid any consideration for operating the fireworks stand or otherwise selling or participating in the sale of fireworks at such stand. (Ord. 2013-004, 6-25-2013)

5-7-8: GENERAL REQUIREMENTS FOR PERMITTEES:

   A.   All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet (20') surrounding the stand.

   B.   "No Smoking" signs shall be prominently displayed on the fireworks stand.

   C.   Each stand must have an adult in attendance and in charge while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden.

   D.   All unsold stock and accompanying litter shall be removed from the location by five o'clock (5:00) P.M. of July 5.

   E.   The fireworks stand shall be removed from the temporary location by twelve o'clock (12:00) noon on July 7, and all accompanying litter shall be cleared from said location by said time and date.

   F.   Prior to the issuance of a permit, each applicant shall file with the business license clerk a cash deposit, certificate of deposit or a surety bond made payable to the city in the amount of fifty dollars ($50.00) to assure compliance with the provisions of this chapter. Such deposit, certificate or bond shall be refundable upon compliance with the provisions and requirements of this chapter including, but not limited to, the removal of the stand and the cleaning of the site. In the event the permittee does not so comply or remove the stand or clean the site, in the manner required by the building official, the city may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the permittee and his deposit or surety bond. (Ord. 657; amd. 2007 Code)

5-7-9: TEMPORARY SALES TAX PERMIT REQUIRED:

Organizations selling fireworks are required to obtain a temporary sales tax permit from the state board of equalization. (Ord. 657)

5-7-10: DISPLAY OF LICENSES AND PERMITS:

The state license and city permit to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 657)

5-7-11: STATE FIREWORKS LAW:

The provisions of this chapter shall be construed so as not to conflict with the state fireworks law. (Ord. 2013-004, 6-25-2013)