[CC 1990 §660.010; Ord. No. 96.030 §§1 — 2, 5-28-1996]
A. The term "consumer fireworks" means and includes explosive devices
designed primarily to produce visible or audible effects by combustion.
This term includes aerial devices and ground devices, all of which
are classified as fireworks, UNO336, 1.4G by regulation of the United
States Department of Transportation, as amended from time to time,
and which were formerly classified as class C common fireworks by
regulation of the United States Department of Transportation.
B. Nothing
in this Section shall apply to the manufacture, storage, sale or use
of signals necessary for the safe operation of railroads or other
classes of public or private transportation, nor applying to the military
or navy forces of the United States or of this State, or to Peace
Officers, nor as prohibiting the sale or use of blank cartridges for
ceremonial, or theatrical, or athletic events or agricultural purposes.
[CC 1990 §660.020; Ord. No. 96.030 §§1 — 2, 5-28-1996; Ord. No. 97.033 §1, 6-26-1997]
The Board of Aldermen of the City of Desloge may, upon a majority
vote, issue a temporary business license to applicants for the sale
of fireworks at specified times of the year and locations for the
sale of fireworks to the public. The fee for this temporary license
shall be twenty-five dollars fifty cents ($25.50).
[CC 1990 §660.030; Ord. No. 96.030 §§1 — 2, 5-28-1996]
A. The Board
of Aldermen shall not allow anyone to sell fireworks other than June
twentieth (20th) through 5:00 P.M. on July sixth (6th).
B. No fireworks
may be sold within the City limits that do not have the ICC Class
C label printed on the fireworks or on the smallest package in which
they are sold. Nothing in this Chapter shall prohibit jobbers, wholesalers,
or manufacturers from storing, selling, shipping, or otherwise transporting,
other than Class C fireworks to dealers outside the City of Desloge.
C. Fireworks
shall be kept, sold and distributed by licensees only in accordance
with State regulations as prescribed in Sections 320.106, RSMo., et
seq., which regulations are incorporated by reference as if fully
set forth herein. In the event of any inconsistency or conflict between
any provision of this Chapter and State regulations, the State regulations
shall prevail.
[CC 1990 §660.040; Ord. No. 96.030 §§1 — 2, 5-28-1996]
A. Fireworks
shall not be sold or kept for sale in a place of business where paints,
oils, varnishes, turpentine or gasoline or other flammable substances
are kept in unbroken containers, unless in a separated and distinct
section or department of the store.
B. Two (2)
approved fire extinguishers shall be provided and kept in close proximity
to the stock of fireworks in all buildings where fireworks are sold.
Small stands, temporarily erected, to be used as a place for storing
and selling fireworks only, shall have fire extinguishers as required
for buildings or, in lieu of the fire extinguisher, may have a barrel
of water and two (2) buckets available in close proximity to the stand
for use as fire-extinguishing equipment.
C. All retailers
are forbidden to expose fireworks where the sun shines through glass
on their merchandise displayed, except where the fireworks are in
the original package, and all fireworks kept for sale on front counters
must remain in original packages, except where an attendant is on
constant duty at all times at counters where the fireworks are on
display.
D. Fireworks
in open stock may be kept in show cases or counters out of the reach
of the public without an attendant being on duty. Signs reading, "FIREWORKS FOR SALE — NO SMOKING ALLOWED" shall be
displayed in the section of the store set aside for the sale of fireworks.
E. Fireworks
shall not be stored, kept, sold or discharged within fifty (50) feet
of any gasoline pump, gasoline filling station, gasoline bulk station,
or any building in which gasoline or volatile liquids are sold in
quantities in excess of one (1) gallon, except in stores where cleaners,
paints, and oils are handled in sealed containers only.
[CC 1990 §660.050; Ord. No. 96.030 §§1 — 2, 5-28-1996]
The penalty for the violation of this Chapter shall be a fine
of not less than five dollars ($5.00) and not more than five hundred
dollars ($500.00) and/or up to ninety (90) days of confinement in
a jail designated by the judge or any combination thereof of fine
and confinement.