(A) The sale of consumer fireworks shall be permitted with the following exceptions. Sale in violation of the exceptions in the following divisions (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 18 to sell or possess with intent to sell or display consumer fireworks.
(D) It shall be unlawful for any person, firm, corporation, or other entity to employ any person under the age of 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 under the age of 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 local, state, and federal regulations regarding explosive materials.
(G) In addition to any business license that may be due, 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 15 days prior to offering fireworks for sale at the site for which the permit is intended. A permit fee of $250 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 $10,000. If any person, firm, co-partnership, or corporation has more than 1 site, a permit shall be required for each additional site complying with said 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 § 93.35 as “smoke devices,” “snakes/glow worms,” “trick noisemakers,” and “wire sparklers”.
(H) The use of tents or temporary structures shall be prohibited for the sale of any fireworks within the city.
(I) Fire Safety Requirements.
(1) Fire extinguishers will be required at each licensed site in accordance with NFPA # 10 Standards as referenced by the current adopted Kentucky Standards of Safety.
(2) No Smoking signs will be posted, and there will be no open flame devices permitted within 100 feet of said temporary structure. No demonstration of fireworks will be permitted near or around the display of fireworks for sale at any licensed site.
(3) Electrical wiring at any licensed site will be required to meet NFPA # 70 Standards as referenced by the current adopted Kentucky Standards of Safety.
(4) 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. 11-04, passed 8-9-11) Penalty, see § 93.99