8.60.070 Operation of temporary fireworks stand
The license entity, the person(s) who signs the application for the license, and the supervisor or manager on the license present in charge of each fireworks stand shall comply and ensure compliance with the following:
   A.   No person, organization, group, association, etc. other than the licensee entity shall be allowed to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand.
   B.   No person, organization, group, association, etc. other than the individuals who are members of the licensee entity, or the spouses or adult children of such members, shall be allowed to sell or otherwise participate in the sale of fireworks at such stand.
   C.   No consideration shall be paid to any person for selling or otherwise participating in the sale of fireworks at such stand.
   D.   No person under eighteen years of age shall be permitted in the stand and signage shall be prominently displayed in/on the stands stating that no person under eighteen years of age shall be permitted in the stand.
   E.   No person shall consume alcoholic beverages within twenty-five feet of any stand.
   F.   An emergency contact telephone number shall be posted on the exterior and interior surfaces of all exit doors.
   G.   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 hereby prohibited.
   H.   No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump.
   I.   Fireworks stands need not comply with the provisions of the building code of the City provided that all stands shall be erected under the supervision of the Director of the Department of Development Services or his/her designee, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons. In addition, each stand and its location shall be inspected and approved by the Fire Marshall prior to commencing storage or sales of fireworks therein.
   J.   No stand shall have a floor area in excess of three hundred square feet.
   K.   Each stand in excess of twenty-four feet in length must have at least two exits; and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four feet.
   L.   Each stand shall be provided with two 2½ gallon water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire, at all times during the storage/sales of fireworks.
   M.   All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty feet surrounding the stand.
   N.   "No Smoking" signs shall be prominently displayed on the fireworks stand, and no smoking shall be permitted within twenty-five feet of any fireworks stand.
   O.   Each stand shall have a person present and designated as supervisor or manager in charge thereof at all times, who is listed on the license, while fireworks are stored or sold therein. Sleeping or remaining in the stand after close of business each day is forbidden.
   P.   The sale, use, storage, or possession of fireworks shall not begin before twelve noon on the 1st day of July and shall not continue after midnight on the 4th day of July.
(Ord. MC-1578, 5-18-22; Ord. MC-1194, 4-04-05)
   Q.   Each stand shall post for public viewing, a copy of the map identified in Section 8.60.010 (Location of Sales and Discharge of Fireworks) and shall also provide a copy of this map to each purchaser of fireworks. The costs of copying such maps shall be borne by the licensee.
   R.   All unsold stock and accompanying litter shall be removed from the location by five p.m. on the 5th day of July.
   S.   The fireworks stand shall be removed from the temporary location by twelve noon on the 15th day of July, and all accompanying litter shall be cleared from the location by said time and date.
(Ord. MC-1138, 2-19-03; Ord. MC-460, 5-15-85; Ord. 2884, 2-06-68)