312.11 RESTRICTIONS REGARDING OPERATION.
Subd. 1.   Prohibited transactions. No licensee, clerk, agent or employee thereof shall sell, distribute or furnish any permitted consumer fireworks to a person under the age of 18 years, any person who is obviously intoxicated, chemically impaired or incompetent or any person who fails to present competent age identification in the form of a current, valid Minnesota driver’s license, current, valid Minnesota identification card or current, valid photo driver’s license or photo identification issued by another state or a province of Canada.
Subd. 2.   Inspection of items. The licensee must, at all times during the term of the license, allow the authorized agents of the City Police Department, the Fire Marshal or Issuing Authority to enter the premises where the licensed business is located, including all display areas, storage areas and all approved off-site storage facilities during normal business hours or beyond normal business hours where the inspector determines an emergency situation exists for the purpose of inspecting the premises and inspecting the items, ware and merchandise therein for the purpose of verifying compliance with the requirements of this chapter and any other applicable state and federal regulations. Upon request, the licensee must provide a test sample to the inspector for the purpose of verifying the chemical content of the merchandise.
Subd. 3.   Maintenance of order. A licensee under this chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order.
Subd. 4.   Smoking prohibited. A licensee under this chapter must strictly prohibit any cigarette, cigar or pipe smoking in or around the licensed premises and conspicuously post and maintain appropriate “NO SMOKING” signage throughout.
Subd. 5.   Proper disposal of unsold permitted consumer fireworks. It shall be the responsibility of the licensee to properly dispose of all unsold permitted consumer fireworks. Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the licensee.
Subd. 6.   Maintenance of sales and storage areas. Any significant deviation, enlargement or alteration from the approved site plan for the sales display and storage areas covered by the license must be pre-approved in writing by Fire Marshal.
Subd. 7.   Confiscation and destruction of illegal fireworks. Any authorized agent of the Police Department or Fire Department may seize, take, remove or cause to be removed all stocks of fireworks or other combustibles offered or exposed for sale, stored or held in violation of this chapter or applicable state or federal law. Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the licensee.
(Am. Ord. 386, passed 6-10-2002)