Retail sales of fireworks shall be permitted within a permanent structure in connection with an applicable and properly issued business license, which is in effect pursuant to provisions of Title 5 of this Code, or, from a temporary stand, trailer, or tent. Retail sales of fireworks shall be allowed only at locations within the following zoning districts: (C-1) Neighborhood Shopping Center Zone, (C-2) Regional Shopping and Financial Center Zone, (C-3) Retail and Service Business Zone, and (C-H) Commercial Highway Zone. Sales both in permanent structures and in temporary stands, trailers, or tents shall be subject to the following requirements:
(1) No sales of fireworks shall be permitted from stands, trailers, or tents located within one hundred feet (100') of any building, or other stand, trailer, or tent, nor within one hundred feet (100') of any gasoline pump or dispensing device, or LPG, flammable liquid or gas storage, or other combustibles. No sales of fireworks shall be permitted from permanent structures located within fifty feet (50') of any gasoline pump or dispensing device, or other combustibles.
(2) Fireworks stands, trailers, or tents need not comply with the provisions of the International Building Code, however, all stands, trailers, or tents shall comply with the provisions of the International Fire Code and shall be erected in a manner that will reasonably assure the safety of attendants and patrons.
(3) Each stand or trailer shall not have in excess of four hundred fifty (450) square feet of floor space, and each stand or trailer shall have not less than two (2) exits, each of which must be at least thirty-six inches (36") in width.
(4) A sign prohibiting the discharge of any fireworks within one hundred fifty feet (150') of the fireworks stand, trailer, or tent shall be prominently displayed.
(5) All employees on duty at all times shall be at least sixteen (16) years of age or older.
(6) Displays of fireworks in permanent structures shall be within constant visual observation of employees.
(7) Fireworks stands, trailers, or tents shall be removed within seven (7) days after retail sales cease.
(8) Prior to the issuance of a permit, each applicant shall file with the City a cash deposit in an amount set forth in the City's Consolidated Fee Schedule for each retail sales location to assure compliance with the provisions of this Section, including but not limited to the removal of the stand, trailer, or tent and the cleaning of the site. In the event the permittee does not comply with the provisions of this Chapter or remove the stand, trailer, or tent, or clean the site thereof, the City may remove the stand, trailer, or tent and clean the site or cause the same to be done by other persons and the reasonable cost thereof shall be a charge against the permittee and shall be subtracted from the bond described above.
(9) No person shall be permitted to sleep in the fireworks stand, trailer, or tent.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 03-37, Amended, 9/4/2003
Ord. No. 13-21, Amended, 6/20/2013