(A) All fireworks stands, booths, or other places of sale of fireworks shall be located and setback at least 25 feet from the nearest right-of-way line of any public right-of-way and be separated from any permanent building structure by a minimum of 15 feet. Fireworks shall be sold within either:
(1) A temporary building structure utilizing a booth or stand allowing for walkup sales;
(2) A temporary building structure which allows patrons to enter the structure; or
(3) A tent;
Provided, however, no structure or tent used for the sale of fireworks shall exceed a maximum floor space of 1,250 square feet. In addition, structures or tents used for the sale of fireworks must have a minimum of three entryways which shall be a minimum of three feet across and be as remote from the other entryways as is practicable giving the size and design of the structure or tent. Tents used for the sale of fireworks shall be flame retardant and a licensee using such shall keep proof at the sales location that the tent is flame retardant.
(B) Stands and areas where fireworks are to be sold shall be located at least 75 feet from any gasoline service station or automotive repair shop using flammable materials. Such distances shall be measured from the closest point where fireworks are sold or stored to the closest point where gasoline or combustible material is dispensed or stored above ground.
(C) If the application is approved, the license may be obtained at the office of the City Clerk only after the following:
(1) An inspection by personnel of the city of the fireworks stand or place of sale to determine if such stand or place of sale conforms to all city laws, standards, building codes, and land use regulations. The applicant for a license required by the provisions of thissubchapter shall request the city to make such inspection not later than June 23 of each calendar year, and such inspection shall be made by the city within 24 hours after the request;
(2) Payment of the city occupation tax as set forth in Chapter 112 of this code;
(3) Execution of a consent form agreeing to abide by all regulations imposed by the city pertaining to the sale of fireworks;
(4) Payment to the city of a cash bond in the amount of $500, conditioned that the licensee shall abide by any and all regulations of by the city pertaining to the sale of fireworks and that the licensee shall clean the area in and around any stand where fireworks are sold and remove any portable stand from its temporary location, such work to be done by July 7 of each year. In the event any portable stand is not removed from its temporary location within the allotted time, or the sale area is not cleaned and the debris and trash not removed therefrom, then the cash bond shall be forfeited and the proceeds used by the city to clean the area and remove the stand;
(5) Furnishing proof to the City Clerk that licensee has obtained a valid License for Sale of Fireworks from the State of Nebraska for the sale of permissible fireworks at retail for the fireworks site in the city.
(D) Cash bonds, as provided in division (C) above shall be returned to the licensee when personnel of the city have certified that the conditions of the bond have been satisfied.
(Ord. 1780, passed 10-25-01) Penalty, see § 110.99