(A) Applications for seller's permits shall be made to the City Secretary or designee annually unless extended by action of the City Council.
(B) Upon compliance with all the conditions of this subchapter, the City Secretary or designee shall issue a permit in accordance with this subchapter. Applications shall be signed by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation.
(C) It is unlawful for a firework manufacturer, wholesaler or supplier to make application for, or to obtain a retail sales permit on behalf of, any retailer.
(D) Seller's permits for the sale of those fireworks allowed pursuant to § 92.36 shall be issued only to applicants meeting the following conditions:
(1) The retailer or person in charge and responsible for the retail operation shall be 21 years of age or older, of good moral character and of demonstrated responsibility.
(2) The applicant shall comply with, and have a valid and current license issued by the State of Texas pursuant to, Tex. Ins. Code Art. 5.43-4, authorizing the holder to engage in the retail sale of fireworks.
(3) The applicant shall procure and maintain a policy of public liability and property damage insurance issued by a company or companies authorized to do business in the State of in the following minimum amount: $500,000 for injury to any person in one accident of occurrence; $1,000,000 for injures to two or more persons in any one accident or occurrence; $500,000 for damage to property in any one accident or occurrence; $1,000,000 combined single limit for any one accident or occurrence. In addition, the city is to be and additional named insured and the policy shall provide for the immediate notification of the city by the insurer of any cancellation of any policy.
(4) No seller's permit shall be issued for a location which fails to meet the criteria set forth in § 92.43.
(5) Seller's permit shall be valid from April 1 of current year until January 2 of following year.
(6) The applicant shall comply with and have a valid and current “Texas Sales and Use Tax Permit.” A copy of said permit shall be on file in the City Secretary's office before the seller's permit will be issued. The permit holder shall be responsible for the payment for the “Texas Sales and Use Tax” to the State Comptroller's office. No seller's permit shall be issued until prior year's “Texas Sales and Use Tax” had been paid to the State Comptroller's office. A “Texas Sales and Use Tax” permit must be publicly displayed with the “Seller's Permit” at each location.
(7) The permit holder shall be responsible for compliance of all conditions of this subchapter.
(Ord. 2017-01, passed 5-18-17; Ord. 2017-01-A1, passed 7-20-2017) Penalty, see § 92.99