The temporary stands of all sellers permit holders shall conform to the following minimum standards and conditions:
(A) Temporary fireworks stands need not comply with all provisions of the building code, and the building code is hereby amended to permit such stands. Provided, however, that all such stands be erected under the supervision of the City Inspector/Code Enforcement Official, who shall require all stands to be constructed in a safe manner that ensures the safety of employees, attendants, patrons, and the public. In the event any temporary stand is wired for electricity, the wiring shall conform to the electrical code. The temporary fireworks stand may not be stocked unless it has been approved by the City Inspector/Code Enforcement Official for compliance with this subsection, and by the Fire Chief or Fire Marshal for compliance with the Fire Code and other safety provisions of this section.
(B) No temporary fireworks stand shall be located within 50 feet of any other building or structure, nor within 150 feet of any gasoline station, oil storage tank, or premises where flammable liquids or gases are kept or stored.
(C) Each temporary fireworks stand must have at least two exits that provide ingress and egress to and from the stand and which shall be unobstructed at all times.
(D) Each temporary fireworks stand shall have, in a readily accessible place, at least two, ABC ten-pound fire extinguishers, or an equivalent thereof, which are in good working order.
(E) All weeds, grass, within 25 feet of the exterior walls of the temporary fireworks stand must be maintained and mowed.
(F) No smoking shall be permitted in a temporary fireworks stand or within 50 feet of the exterior walls of the temporary fireworks stand. No smoking signs shall be posted on the exterior of each wall of the temporary fireworks stand. The signs shall state, in bold face letters at least five feet high: "No smoking within 50 feet."
(G) Each temporary fireworks stand shall have a person who is 18 years old or older in attendance or under surveillance at all times the stand is stocked. Stock from the stand shall not be removed and stored in any other building during the sales period without the express approval of the City Inspector/Code Enforcement Official.
(H) All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by noon on the third day after the close of legal sale.
(I) No temporary fireworks stand shall be located within 300 feet of any other temporary fireworks stand which is located on same side of the street. (This does allow them to be within 300 feet, if across the street from each other.)
(J) Each temporary fireworks stand shall provide sufficient off-street parking, at least 15 spaces, to avoid impeding a continuous flow of traffic at entrances and exits from the premises.
(K) No person shall set up, or cause to be set up, any temporary fireworks stand more than 14 days immediately preceding the beginning date of any legal selling period as set forth in this subchapter. Violation of this provision may result in revocation of the person's permit to sell fireworks and may be punished by a fine not to exceed $500 a day for every day such failure to comply herewith exists.
(L) Each temporary stand shall post with the City a performance bond or a cash deposit in an amount not less than $200, conditioned upon the prompt removal of the temporary fireworks stand and cleanup of all debris from the site of the stand. The deposit shall be returned to the applicant only in the event that the applicant removes the temporary stand within ten days after the end of the sales period, and cleans up all debris within 24 hours after the end of the sales period, to the satisfaction of the city. Otherwise, the performance bond or cash deposit shall be forfeited. In addition to forfeiture, the applicant may be subject to a fine not to exceed $200 a day for each and every day following the tenth day after the end of the sales period for failure to remove the temporary stand, or for each and every day following 24 hours after the end of the sale period for failure to clean up all debris.
(Ord. 2017-01, passed 5-18-17; Ord. 2017-01-A1, passed 7-20-2017) Penalty, see § 92.99