(A) (1) The Fire Marshal of the city may adopt reasonable rules and regulations for the granting of permits for supervised displays of fireworks by fair associations, amusement parks and other organizations or groups of individuals. Such permits may be granted upon application to the Fire Marshal and the filing of a bond in the amount of $1,000 by the applicant. Every such display shall be handled by a competent operator licensed or certified as to competency by the Fire Marshal and shall be of such composition and character, and so located, discharged or fired as, in the opinion of the Fire Marshal, shall not be hazardous to property or endanger any person or persons.
(2) It is unlawful for any person to sell or to offer for sale in the City of Spring Hill any item of fireworks without first having secured a State Fire Marshal Permit and a permit issued by the City of Spring Hill.
(3) A person applying for a retail fireworks sales site permit with the City of Spring Hill must disclose the location where the applicant will conduct the business of selling fireworks and the dates for which the right to do business is desired.
(4) A permit (to sell fireworks to the general public) is valid only from June 25 through July 5 or December 23 through January 1.
(5) The permit fee for fireworks retail permit is listed in the City of Spring Hill Fee Schedule. In addition to the permit fee, the applicant must pay cleanup deposit per location, which shall be refunded after the fireworks permit has expired or used by the city to clean up the retail fireworks site if needed.
(6) A permit to sell fireworks in the City of Spring Hill must be obtained at least two weeks prior to the date on which the applicant begins making sales. Each application shall contain the following:
(a) The application must include the name, address and telephone number of applicant.
(b) The applicant must be the natural person who will operate or be responsible for sales.
(c) The applicant's name must be the same as the name on the State Fire Marshal permit.
(d) The applicant is liable for all violations of this chapter by persons under his/her supervision.
(e) The applicant must submit a letter or contract signed by the property owner (or authorized agent of the property owner) that provides written permission by the property owner to the applicant to conduct retail fireworks sales on the property.
(7) A copy of the State Fire Marshal Permit. (For a state permit to be obtained by a retailer, the Mayor must sign on behalf of the retailer an application for fireworks permit that the state requires before a state permit is issued to a retailer for a specific location).
(8) A person that applies for a retail fireworks permit must show proof that a state sales tax number has been obtained for sales tax purposes.
(9) A permit to sell fireworks in the City of Spring Hill will require the issuance of a temporary use permit in accordance with § 8.4 of the City of Spring Hill Unified Development Code. The applicant must provide a site plan that includes the dimension of the lot, size and location of the temporary structure, setback of the structure from the right-of-way, location of other structures in the area that are occupied, location and number of parking spaces, location of any nearby residences, and location of the nearest fuel outlets.
(10) Mobile vendors are not permitted.
(11) Distributors are not permitted.
(12) Signage for a retail fireworks location must comply with the City of Spring Hill Unified Development Code. Flashing signs are not permitted.
(13) The application for a retail fireworks location must contain evidence that general liability insurance has been obtained by applicant naming the City of Spring Hill as additional insured for at least $2,000,000 for each occurrence, whether in respect to bodily injury liability or property damage liability or bodily injury liability and property damage liability combined.
(14) After the application has been submitted and approved, a city Codes Inspector and/or Fire Inspector shall inspect the site for compliance with applicable codes and ordinances.
(15) After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display is lawful for that purpose only.
(16) No person shall manufacture any fireworks within the corporate limits of the City of Spring Hill.
(17) No permit granted hereunder shall be transferable.
(18) Religious ceremonial events must be requested in writing to the Fire Marshal at least seven days prior to the event. The Fire Marshal and/or Fire Chief will review the location of the requested display, the fireworks to be used, and duration of the event. A written acknowledgment will be provided to the requesting entity along with any changes, modifications, or recommendations for public safety.
(B) The discharge of fireworks within the city limits shall be limited to the following days and times:
(1) July 4, beginning at 12:00 noon and ending at 11:00 p.m.;
(2) Christmas Eve, beginning at 12:00 noon and ending at 11:00 p.m.;
(3) New Year's Eve, beginning at 12:00 noon and ending at 12:30 a.m.;
(4) Religious ceremonial events ending at 11:00 p.m., following review and approval of location from the Fire Chief or Fire Marshal.
(2011 Code, § 7-701) (Ord. 02-25, passed 10- -2002; Ord. 18-28A, passed 12-17-2018; Ord. 23-02, passed 3-6-2023; Ord. 23-18, passed 11-20-2023)