(A) The sale of consumer fireworks shall be permitted with the following exceptions, the sale of which exceptions in the following divisions, to-wit, (B), (C), (D) and (E) are prohibited.
(B) Notwithstanding the foregoing, consumer fireworks may not be offered for sale, exposed for sale, sold at retail, kept or possessed with intent to sell if said fireworks have as part of their devices any wings, fins or other mechanisms designed to cause the devices to fly or are designed to operate as aerial devices or if said consumer fireworks carry a cautionary label which includes in their description any of the following terms: "explosive," "emits flaming pellets," "flaming balls," "firecrackers," "report" or "rocket."
(C) It shall be unlawful for any person under the age of eighteen (18) to sell or possess with intent to sell display or consumer fireworks.
(D) It shall be unlawful for any person, firm, corporation or other entity to employ any person under the age of eighteen (18) for the sale of fireworks within the city.
(E) It shall be unlawful for any person, firm, corporation or other entity to give, offer for sale or sell any consumer or display fireworks to any person who is eighteen (18) years of age within the city.
(F) It shall not be a violation of this subchapter for any person, firm, corporation or other entity to transport within the city consumer or display fireworks, so long as such products are being transported through the city to a location where such products can be sold, stored or used in compliance with law. Commercial transportation of all fireworks is required to be in accordance with city, state and federal regulations regarding explosive materials.
(G) In addition to a business license (if required), any person, firm, co-partnership, or corporation desiring to sell fireworks within the city shall obtain a permit to sell fireworks from the City Clerk at least fifteen (15) days prior to offering fireworks for sale at the site for which the permit is intended. A permit fee of two hundred fifty dollars ($250.00) shall be paid to the city for each permit required. A copy of the permit shall be posted on site. No permit shall be issued unless the applicant shall give bond or evidence of liability insurance deemed adequate by the city in the sum of not less than ten thousand dollars ($10,000.00). If any person, firm, co-partnership, or corporation has more than one site, a permit shall be required for each additional site complying with the provisions required above. Any failure to comply with the provisions of this subchapter shall result in the revocation of this permit and such permit will be held to be void or forfeited by that business. Exempt from the aforesaid permitting requirements are those business establishments that are open year round and for which the sale of novelty and trick noisemakers are described in § 92.01(D), (E), (F) and (G).
(H) (1) The location of any temporary structure, or retail display for the purpose of displaying for sale any fireworks by definition, such as a booth, makeshift stand, or retail shelf shall not be within one hundred (100) feet of any combustible or flammable dispenser, or within fifty (50) feet of any combustible structure, or within (50) feet of any combustible or flammable liquid container, or within twenty-five (25) feet of any noncombustible structure.
(2) Fire safety requirements.
(a) Fire extinguishers will be required in accordance with NFPA 10 Standards as referenced by the current adopted Kentucky Standards of Safety.
(b) "No smoking" signs will be posted, and there will be no open flame devices permitted within one hundred (100) feet of said temporary structure. No "demonstration" of fireworks will be permitted near or around the display of fireworks for sale.
(c) All temporary electrical wiring will be required to meet NFPA 70 Standards as referenced by the current adopted Kentucky Standards of Safety.
(d) All retail sales and storage of pyrotechnic material must follow NFPA 1123, 1124, 1125, 1126 and 1127 which is the current adopted National Fire Protection Association Code Book by the State of Kentucky.
(Ord. 4-2011, passed 5-9-11) Penalty, see § 92.99