As used in this chapter, "seasonal novelty" will be defined
as a device set forth and subsequently amended in § 167.10(1)(e),
(f), (i), (j), (k), (I), (m), and (n), Wis. Stats., (See the statute,
but this list includes caps of 1/4 grain or less of explosive, snakes,
sparklers, poppers and fountains), in addition to free-floating sky
lanterns, Chinese lanterns, and similar devices that utilize an open
flame and are unmanned.
No person shall sell, display, or offer for sale, whether as
a retail or wholesale dealer, any seasonal novelty within the City
of Fond du Lac without having first procured a seasonal novelty license
from the City. Applications for such licenses will be filed with the
City Clerk, or his or her designees, and approved by the City Clerk,
Fire Chief, Police Chief, and Chief Building Inspector, or their respective
designees.
An application for a seasonal novelty license will be made upon
forms provided by the City Clerk and will contain the following information:
A. The full name and address of the person, company, corporation or
other organization applying for said license; the length of time of
residence at that address; and, if the length of time of residence
at that address is less than one year, the previous address;
B. The address at which such activity is intended to be carried
out with written permission or contract to use said property; and
[Amended 2-13-2019 by Ord. No. 3684]
C. The full names, addresses, and dates of birth of all such persons
who will act as sales personnel at the premises. Sales personnel excluded
from the application shall not be allowed to sell seasonal novelties
under a seasonal novelty license without first obtaining approval
from the City.
Each application will be accompanied by a license fee which
will be shown in the schedule of fees, which is adopted annually by
resolution of the City Council. The fee is nonrefundable. The license
term will be for one year from the date of issuance.
Each application shall be accompanied by a list fully describing
each type and amount of seasonal novelties intended to be sold, the
ingredients of said seasonal novelties, and a sworn statement setting
out that each piece or type of said seasonal novelties conforms to
the requirements of this chapter and Wisconsin state law. No dealer
shall sell any piece or type of any seasonal novelty on which a statement
has not been filed with the City Clerk, or his or her designees, and
approved by the City Clerk, Fire Chief, Police Chief, and Chief Building
Inspector, or their respective designees.
Each application will be accompanied by a certificate of insurance
issued by a company licensed to do business in the State of Wisconsin
providing liability coverage for injury to persons, property or loss
of life with limits of coverage not less than $1,000,000.
The following provisions will apply to all places where seasonal
novelties are sold, stored, and handled in the City, as permitted
by this chapter and Wisconsin state law:
A. All premises shall be equipped with approved fire extinguishers and
any other fire prevention and safety equipment required by the Fire
Chief, or his or her designee.
B. Smoking shall be prohibited where seasonal novelties are sold, stored,
or handled.
C. Seasonal novelties shall not be sold, stored, or handled within 50
feet of a public assemblage or place where gasoline or volatile liquid
is dispensed in quantities exceeding one gallon or within 50 feet
of any dwelling.
No person shall sell, display, or offer for sale any seasonal novelty unless the seasonal novelty license required to be obtained under this chapter is openly displayed upon the premises where such activity is permitted. A copy of the description set forth in §
347-7 of this chapter will also be openly displayed upon said premises.
The City Clerk, Fire Chief, Police Chief, or Chief Building
Inspector, or his or her designee, may, at any time for good cause
shown, revoke, suspend, or deny issuance of any license issued under
this chapter. Good cause will include, without limitation for lack
of enumeration herein, the following:
A. Any violation of the provisions of this chapter;
B. Any violation of building, zoning, or fire codes applicable to the
licensed premises;
C. Any violation of Wisconsin state law or this Code that is relevant
to the operation of such business; and/or
D. Any conviction of the licensee for the illegal sale or use of fireworks.