[Ord. No. 2019-005, 7-3-2019[1]]
A. 
Definitions. For the purpose of this Section, the following words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number precatory.
BOTTLE ROCKET
A type of firework that is attached to a stick and is designed to ascend into the air with:
a. 
A casing size of less than three-eighths inch for the outside diameter and less than two and one-half (2 1/2) inches in length; and
b. 
An overall length, including stick, of less than twelve (12) inches.
CITY
The City of Northmoor, Missouri.
DISTRIBUTOR
Any person engaged in the business of selling fireworks to wholesalers, jobbers, seasonal retailers, other persons or governmental bodies that possess the necessary permits as specified in Sections 320.106 to 320.161, RSMo., including any person that imports any fireworks of any kind in any manner into the State of Missouri.
FIREWORKS
Explosive devices designed primarily to produce visible or audible effects by combustion, including aerial devices and ground devices, all of which are classified as fireworks, UN0336, 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.
FIREWORKS SEASON
The term of licenses for seasonal retailers shall constitute the following two (2) time periods: the first period beginning on the 20th day of June at 12:01 A.M. and expiring on the fifth day of July at 12:00 Midnight of the same year and the second period beginning on the 20th day of December at 12:01 A.M. and expiring on the 31st day of December at 12:00 Midnight of the same year, which shall be the only two (2) periods of time that seasonal retailers may be permitted to sell fireworks. The seasonal retailer is allowed to remain open from 12:01 A.M. to 12:00 Midnight on July 3rd, 4th and 5th of the same year.
[Ord. No. 2023-009, 7-13-2023]
JOBBER
Any person engaged in the business of making sales of fireworks at wholesale or retail within the State of Missouri to non-license buyers for use and distribution outside the State of Missouri during a calendar year from the first day of January through the 31st day of December.
MANUFACTURER
Any person engaged in the making, manufacture, assembly or construction of fireworks of any kind within the State of Missouri.
PERMANENT STRUCTURE
Buildings and structures other than tents, mobile homes and trailers.
PERSON
Any person, partnership, firm, association or corporation.
SEASONAL RETAILER
Any person within the State of Missouri engaged in the business of making sales of fireworks in Missouri during a fireworks season as defined in this Section.
SELL or SALE
The act of selling, attempting to sell and offering for sale and shall include exchange, barter and giving away for no consideration.
STAND
Any non-permanent structure or tent which is used solely for the purpose of selling fireworks.
WHOLESALER
Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales of fireworks at retail within the State of Missouri.
B. 
License Required. It shall be unlawful for any person to manufacture, sell or distribute any fireworks within the City limits or to ship or cause to be shipped into the City, except as herein provided, any item of fireworks unless such person shall have first obtained from the City Clerk the required applicable seasonal retailer license as a seasonal retailer for the sale of such fireworks and shall have paid to the City Clerk the fee prescribed herein, if applicable.
C. 
License Term. The term of licenses for seasonal retailers shall constitute the following two (2) time periods: the first shall commence at 12:01 A.M. on June 20 and expire at 12:00 Midnight on July 5, and the second shall commence at 12:01 A.M. on December 20 and expire at 12:00 Midnight on December 31. It shall be unlawful to sell fireworks at retail in the City at any time except the term provided for seasonal retail license.
D. 
Seasonal Retailer Licensing Requirements And Procedures.
[Ord. No. 2020-005, 3-5-2020]
1. 
Application Period. The City will begin accepting applications on April 1 of each year. For each license request, a complete application, all necessary support documents and the license fee for the license must be received by the City on or before April 15 of each year.
2. 
Separate License Required. Each seasonal retailer applicant must obtain a separate license for each physical sales location.
3. 
Application Made By Seasonal Retailer. The seasonal retailer must execute the seasonal retailer license application for each sales location.
4. 
Application Requirements For Seasonal Retailer And Landlord. To verify ownership of the property to be licensed, a license application must include a copy of the paid real estate tax receipt for the proposed sale location property for the prior year. If the property has been transferred since the date of the tax receipt, a certified copy of the deed of conveyance must also be submitted.
5. 
Proof Of Insurance Required. The seasonal retailer and landowner must submit proof of hazard insurance in the amount of at least one million dollars ($1,000,000.00) per occurrence and a two million dollar ($2,000,000.00) aggregate limit, naming the City of Northmoor as additional insured and covering occurrences during the term of the insurance. The amount of insurance shall not be subject to possible reduction below the minimum under an aggregate limit which includes occurrences at locations not operated by the seasonal retailer. The seasonal retailer and landlord must also execute an indemnity, on the form provided by the City, indemnifying the City and its employees from all claims and losses.
6. 
Proposed Parking Plan Required. A parking plan specifying how the seasonal retailer will comply with the requirements of Subsection (O) of this Section must be submitted with the license application.
7. 
Seasonal Retailer License Fee. The fee for a seasonal retailer license shall be two thousand dollars ($2,000.00), non-refundable, per license, per season. Only two (2) licenses will be issued per season. The license fees shall be made as follows although payments made earlier in the year are accepted.
Total Northmoor seasonal retail license fee:
$2,000.00
Due by April 15th when application is submitted
$500.00
Due by May l2th:
$1,000.00
Due in June when site selection and set up is approved
$500.00
If any payment is missed, the license will be forfeited and may be given to a new licensee for a one-time payment of the license fee in full.
Notwithstanding the above, a deposit in the amount of five hundred dollars ($500.00) may be made between July 5 of a year and December 31 of such year, to secure the right to purchase a permit for the following year, with the deposit being credited to the April payment.
E. 
Wholesale License. There shall be no wholesale licenses issued by the City.
F. 
Jobber License. There shall be no jobber licenses issued by the City.
G. 
Distributor License. There shall be no distributor licenses issued by the City.
H. 
Manufacturer License. There shall be no manufacturer licenses issued by the City.
I. 
Compliance With Laws And Ordinances Required.
1. 
It shall be unlawful for any person to sell any fireworks at any location zoned for residential use in this City.
2. 
It shall be unlawful for any person to manufacture or sell any fireworks or to ship or cause to be shipped into the City, except as herein provided, any item of fireworks without complying with all applicable ordinances of the City, laws of the State of Missouri and laws and regulations of the United States.
J. 
Unlawful Sale.
1. 
It shall be unlawful for any person to sell any explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation that are not classified as fireworks, UN0336, 1.4G by regulations of the United States Department of Transportation, as amended from time to time.
2. 
It shall be unlawful for any person to engage in the business of making sales of fireworks to non-buyers, regardless.
3. 
It shall be unlawful for any person to sell, give away or otherwise distribute fireworks to any person who is less than fourteen (14) years of age except when such child is in the presence of a parent or guardian.
4. 
It is unlawful for any person under the age of sixteen (16) to sell, give away or otherwise distribute fireworks or work in a facility where fireworks are stored, sold, distributed or offered for sale unless supervised by an adult.
5. 
It shall be unlawful in this City for any person to sell at retail or give away the type of fireworks commonly called "bottle rockets" (as defined in this Section).
6. 
It shall be unlawful in this City for any person to sell at wholesale the type of fireworks commonly called "bottle rockets" (as defined in this Section).
K. 
Sales Structure Limited. It shall be unlawful for any person to sell fireworks from a car or truck or in any other manner except from a permanent structure or a stand duly licensed to sell fireworks.
L. 
Storage And Display Of Fireworks. Storage of fireworks at any time of year shall be in compliance with State law, including, but not limited to, identification and labeling of and accessibility to storage facilities.
1. 
It is unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed except where the fireworks are in the original package.
2. 
All fireworks which the public may examine shall be kept for sale in original packages, except where an attendant is on duty at all times where such fireworks are offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty.
3. 
One (1) or more signs reading "Fireworks-No Smoking" shall be displayed at all places where fireworks are stored or sold in letters not less than four (4) inches in height.
4. 
Fireworks shall not be stored, kept or sold within fifty (50) feet of any area in which volatile liquids or gases are stored above the surface of the ground.
M. 
Open Flames Prohibited. It is unlawful to permit the presence of lighted cigars, cigarettes, pipes or any other open flame within twenty (20) feet of the place where fireworks are offered for sale.
N. 
Removal Of Stands. All temporarily licensed stands and signs shall be completely removed, and the site where such stand was erected shall be cleaned of all debris and trash within three (3) days after expiration of the term for retail sales of fireworks. Failure to comply with this Section shall subject the holder of the seasonal retailer license for this site to arrest for the City charge of littering (Section 210.530) and subject to prosecution in Northmoor Municipal Court.
O. 
Parking.
1. 
Every seasonal retailer selling fireworks within the City shall provide off-street parking for customers. These spaces will be hard surface only. If these spaces are not on the site of the fireworks sales, the holder of the seasonal retailer license must provide the City with an agreement from the owner of the property where the parking will occur.
2. 
The retailer will also be responsible to ensure there is no traffic congestion on the public roadway at, adjacent to, or near the sale site.
P. 
Security Requirements. If a seasonal retailer chooses to hire security, they may employ an off-duty Northmoor Police Officer or private security company employee approved by the Chief of Police and/or the Deputy Chief of Police.
[Ord. No. 2021-008, 6-8-2021]
Q. 
Hours Of Operation. Sales of fireworks will be allowed in the City during the hours of 8:00 A.M. to 11:00 P.M. daily. Exception: The seasonal retailer is allowed to remain open from 12:01 A.M. to 12:00 Midnight on July 3rd, 4th and 5th of the same year.
[Ord. No. 2023-009, 7-13-2023]
R. 
Penalty.
1. 
Shall a seasonal retailer fail to comply with any or all of the sections or subsections of this ordinance the City will stop the process of issuing a seasonal retailer's license or terminate one (1) that has been issued.
2. 
The seasonal retailer shall face the possibility that City Ordinance charges will be filed against the seasonal retailer. The City shall then notify the appropriate entities of the State of Missouri and the United States Government of the failure to comply.
[1]
Editor's Note: This ordinance repealed former Section 605.130, Definitions; Section 605.140, license Required; Section 605.150, license Term; 605.160, seasonal retailer Licensing Requirements and Procedures; Section 605.170, Number of Wholesale licenses; Section 605.180, Jobber licenses; Section 605.190, Distributor licenses; Section 605.200, Manufacturer licenses; Section 605.210, Compliance With Laws and Ordinances Required; Section 605.220, Unlawful Sale; Section 605.230, Sales Structure Limited; Section 605.240, Storage and Display of Fireworks; Section 605.250, Open Flames Prohibited; Section 605.260, Removal of Stands; Section 605.270, Parking; Section 605.280, Security Requirements; Section 605.290, Hours of Operation; and Section 605.300, Penalty; all adopted and/or amended 3-10-2015 by Ord. No. 2015-04; Section 605.160 further amended 2-13-2019 by Ord. No. 2019-002.