A. Definition: "Fireworks" shall be as defined in 68 Oklahoma Statutes section 1622.
B. Prohibited Acts: It is unlawful for any person, firm or corporation to manufacture, sell, furnish, use or discharge any fireworks within the city limits of the city.
C. Public Displays Excepted: The provisions of this section shall not be construed to prohibit the presentation of supervised public displays of fireworks as authorized by the city's fire prevention code. (1983 Code § 10-304)
D. Fireworks Stands:
1. Application For License: Any person, organization, or business seeking to sell fireworks must apply for a license between April 15 and June 1 of the license year to the city manager by filing a written application in such form and content as the city manager may prescribe.
2. Eligibility Of Applicant:
a. Age: Applicants must be at least twenty one (21) years of age at the time of application.
b. Insurance: Applicants must provide minimum liability insurance of one hundred thousand dollars ($100,000.00) for bodily injury and property damage from an insurance agency currently licensed to do business within the state of Oklahoma. Proof of insurance must be submitted with the application.
c. Invoicing Of Fireworks: All fireworks must be invoiced from a distributor or wholesaler licensed to do business in the state of Oklahoma. The original invoice must be in the applicant's name and be available upon request.
d. Proof Of Tax Payment: Applications must be accompanied with proof of tax payment for the previous year if applicable. Applications of a new business venture must be accompanied by an affidavit verifying that the applicant has not engaged in selling fireworks previously or, in the alternative, was not required to pay city, state or federal taxes.
e. Proof Of State Permit: Applicants must supply proof of state permit for the license year and comply with all fireworks laws of the state 1 .
3. Fees: A fee of one hundred dollars ($100.00) must accompany the application. A license fee is required for each fireworks stand.
4. Fireworks Stand Requirements:
a. Location; Property Owner Consent: Each stand must be located on property zoned commercial, with written consent from the property owner dated and filed with the application, or on property owned by the city, contingent upon written approval of the city manager.
b. Distance From Other Structures: A minimum of one hundred feet (100') must exist between all fireworks stands and any other structure.
c. Posting Of Signs:
(1) No Smoking: A "No Smoking" sign must be posted on the fireworks stand within public view.
(2) Discharging Fireworks Within City Limits Prohibited: A sign stating that it is unlawful to discharge fireworks within the city limits must be posted on each fireworks stand within public view.
d. Fire Extinguisher: Each fireworks stand must have at least one approved ABC fire extinguisher, minimum size of five (5) pounds.
e. Distance From Fuel Tanks: Fireworks must be a minimum of one hundred fifty feet (150') away from fuel pumps, propane tanks, or any other facility or structure where flammable liquid is commercially sold or dispensed.
f. Time Limitation: Fireworks stands may not be erected prior to June 15, and shall be removed by July 7 of the license year.
g. Adult Person In Charge: A person eighteen (18) years of age or older shall be present and in charge of the fireworks stand at all times.
h. Hours: Fireworks stands may conduct business between the hours of eight o'clock (8:00) A.M. and eleven o'clock (11:00) P.M. of the license year excluding the evenings of July 3 and July 4 when they may remain open until one o'clock (1:00) A.M.
i. Sales To Underage Persons: It shall be unlawful to offer for sale any fireworks to children under the age of twelve (12) years, unless accompanied by an adult.
j. Inspection: The code enforcement officer and/or fire marshal must inspect the fireworks site and stand, for safety and ordinance compliance, prior to opening for business.
5. Penalty: Any person violating this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of five hundred dollars ($500.00) and costs. (Ord. 497, 7-26-2016)
Notes
| 1 | 1. 68 OS §§ 1621 - 1634. |