Every applicant for a permit to use or discharge display fireworks and/or pyrotechnic special effects shall submit to the Fire Department, with a nonrefundable application fee, a current and fully completed application on a form provided by the Fire Department.
The fees shall be set by the City's Fee Resolution in an amount to cover the cost of investigation, review, and inspection by the City of the premises which will be used for the use or discharge of display fireworks and/or pyrotechnic special effects.
A permit shall not be issued to a nonresident person, firm, or corporation for ignition of articles pyrotechnic or display fireworks until the person, firm, or corporation has appointed in writing a resident member of the bar of this state or a resident agent to be the legal representative upon whom all process in an action or proceeding against the person, firm, or corporation may be served.
All applications shall contain the following information:
The name, residence address, and telephone number of a resident agent who is a natural person (No post office boxes will be accepted as legal addresses.);
The name, residence address, and telephone number of the applicant:
If the applicant is a corporation, the name, residence address, and telephone number of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation if that individual is or will be involved in the management and/or operation of the business. The applicant shall also provide the name, residence address, and telephone number of each individual who will be involved in the management and/or operation of the business, as well as documentation that the corporation is in good standing in the state of incorporation;
If the applicant is a partnership, the name of the partnership and the name, residence address, and telephone number of each of the partners having at least a ten-percent ownership interest, as well as any individual who is or will be involved in the management and/or operation of the business;
If the applicant owns stock or has a financial interest in any other business which sells or manufactures fireworks, the name, address, and telephone number of the corporation and the name, address, and telephone number of each such business;
The address and legal description of the property where the fireworks will be displayed, or where pyrotechnic special effects will be displayed;
Authorization for the City, its agents and employees to seek information and conduct a safety inspection of the premises where fireworks will be displayed, or where pyrotechnic special effects will be displayed. The applicant shall give such additional information and identification necessary to discover the truth of the matters required to be set forth in the application; and
The application shall be signed and sworn to by the applicant.
Permits. In addition to the other conditions set forth in this section, permit applications shall be subject to background investigations to determine whether the applicant has ever been involved in criminal or fraudulent activities, or has ever had a license or permit suspended or revoked for cause.
If, as a result of the investigation, the Fire Marshal or Chief of Police has reasonable cause to believe that the applicant may cause or present a danger to public safety if granted a fireworks display permit, the City Council may deny the application.
If, as a result of the investigation, the Fire Marshal or Chief of Police has reasonable cause to believe that the applicant may cause or present a danger to public safety if granted a pyrotechnic special effects display permit, the Fire Marshal may deny the application.
Applicants for a permit to use, discharge, or display fireworks or pyrotechnic special effects must demonstrate financial responsibility in the form of a bond or insurance policy in an amount, character, and form deemed necessary by the City Council for the protection of the public.
Before granting a permit to use, discharge, or display fireworks, the City Council shall rule on the competency and qualifications of the operator of the display as required under NFPA 1123, and the time, place, and safety aspects of the display.
Cost of policing. Fireworks displays vary in size and scope, and displays of large magnitude cause the City to incur significant additional expenses for police, fire, and emergency services. Therefore, in addition to the nonrefundable application fee, an applicant for a permit to use, discharge, or display fireworks shall deposit with the City, as a condition of enjoying the privileges inherent in receipt of a permit, an amount reasonably calculated to reimburse the City for the cost of additional police and emergency services. The City shall hold such amount, to be determined by the City Council at the time the permit application is considered, in escrow until after the fireworks display. In determining the amount, the City Council may utilize its past experiences and the experiences of other communities. The City shall itemize its additional police and emergency services expenses incurred as a result of the fireworks display and may draw from the escrowed funds to achieve full reimbursement. Remaining funds shall be returned to the permit applicant. In the event that the escrowed funds are insufficient to cover the City's actual costs under this Subsection H, the City shall serve an invoice upon the permit applicant with a demand for payment. Failure of a permit applicant to comply with any of the provisions of this Subsection H shall be a misdemeanor.
Term permits for the use or discharge of display fireworks or pyrotechnic special effects are valid only for the date(s) and time(s) stated on the permit itself. Each subsequent use or discharge of display fireworks or pyrotechnic special effects shall require a new permit, and the applicant shall follow the application process set forth in this article.
Display permit conditions. The issuance of a permit for the use or discharge of display fireworks or pyrotechnic special effects shall be conditioned upon compliance with all of the terms and conditions of this article, as well as the provisions of Chapter 33 of the International Fire Code. In addition, the issuance of such a permit shall be conditioned upon the following:
The applicant and property owner must execute a written agreement, in a form approved by the City Attorney, to allow police, fire, and emergency personnel designated by the City to be present on the premises before, during, and after the fireworks or pyrotechnic special effects display for purposes of supervising and inspecting the display and surrounding conditions for public safety hazards and violations of City codes and ordinances; and
The applicant and property owner must execute an indemnification agreement, in a form approved by the City Attorney, to indemnify the City for any and all liability or damages incurred by any person or entity as a result of the fireworks or pyrotechnic special effects display.
Upon receipt of the fully completed application, fees, and such other information as may be required or requested by the Fire Department, the Fire Marshal shall schedule a safety inspection to examine the premises where fireworks will be displayed, or where pyrotechnic special effects will be displayed.
If the Fire Marshal finds reasonable cause to believe that other code violations exist which are not firesafety related, the Fire Marshal may refer the application to the Building Official, or his or her designated representative, who shall cause a thorough inspection of the premises to be made to ensure that the premises are in compliance with all pertinent provisions of state law and local ordinances. The results of such inspections shall be returned to the Fire Marshal within 30 days of the date the application was referred.
For fireworks display permits, the Fire Marshal shall forward his or her recommendation to the City Council for consideration of the permit application within 120 days of receipt of the properly completed application. For pyrotechnic special effects display permits, the Fire Marshal shall issue a decision to grant or deny the permit within 60 days of receipt of the properly completed application.
A permit issued under this article may be refused by the Fire Marshal or suspended, revoked, or not renewed by the City Council for cause. The term "cause" as used in this article shall include the doing or omitting of any act or permitting any condition to exist on the premises for which a permit is issued, which act, omission, or condition is contrary to the health, safety, and welfare of the public, is unlawful, irregular, or fraudulent in nature, is unauthorized or beyond the scope of the permit issued, or is forbidden by this article or any applicable law. "Cause" shall include but not be limited to:
Fraud or material misrepresentation in the application;
Fraud or material misrepresentation in the operation of the business or during a safety inspection;
Any material violation of this article or of the regulations authorized herein;
Any violation of federal or state law or local ordinance which creates a risk to the health, safety, or welfare of the community;
Conducting the business in an unlawful manner or in such a manner as to constitute a maintenance of a nuisance upon or in connection with the premises for which a permit is issued. For purposes of this article, "nuisance" shall be given its normal and customary meaning and shall include the nuisances found within Chapter 203 of this Code, as well as, but not be limited to, the following:
Failure by the owner or operator to permit inspection of the premises by the City's agents or employees in connection with the enforcement of this article;
Failure to pay personal property taxes, other City obligations and real property taxes by February 14 of each year.
Before any action is taken concerning revocation or suspension of a permit, the City shall serve the holder of the permit by personal service or first class mail, served or mailed at least 10 days prior to a hearing, with notice of hearing before the City Council or a hearing panel designated by the City Council to conduct a hearing and forward a recommendation to the City Council, which notice shall contain the following:
Date, time, and place of the hearing;
Notice of the proposed action;
Reasons for the proposed action;
Names of witnesses known at the time who will testify;
A statement that the holder of the permit may be represented by legal counsel, present evidence and testimony, and confront and cross-examine adverse witnesses;
A statement requiring the holder of the permit to notify the City Attorney's office at least three days prior to the hearing date if he, she, or it intends to contest the proposed action and to provide the names of witnesses known at that time who will testify on his, her, or its behalf.
Upon completion of the hearing, and after a decision by the City Council, the City shall submit to the holder of a permit a written statement of the findings and determination of the City Council within 30 days.
Revocation may occur prior to a hearing if there is an immediate and significant risk of harm to persons or property as determined by the Fire Marshal, or his or her designee.
Any person whose initial request for a pyrotechnic special effects display permit is denied by the Fire Marshal shall have a right to a hearing before the City Council, provided a written request for such a hearing is filed with the City Manager within 10 days following such denial. The City Council shall have the right to affirm and sustain any refusal to issue a permit or the City Council may grant any such permit.
In addition to the information required in this article, an applicant whose permit under this article was denied by the Fire Marshal should be prepared to submit and discuss any additional information required by the City Council for the appeal hearing.