[Ord. No. 17-02-09 § 1, 2-21-2017]
Definitions. For the purpose of this Chapter,
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. The word "shall" is always mandatory and
not merely precatory.
A type of firework that is attached to a stick and is designed
to ascend into the air with an overall length, including stick, of
less than fourteen (14) inches.
Any person engaged in the business of selling fireworks to
wholesalers, jobbers, seasonal retailers, other persons or governmental
bodies, including any person that imports any fireworks of any kind
in any manner into the State of Missouri.
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.
The period beginning on the twentieth (20th) day of June
and continuing through the fifth (5th) day of July of the same year,
which shall be the only periods of time that seasonal retailers may
be permitted to sell fireworks.
Any person engaged in the business of making sales of fireworks
at wholesale or retail within the State of Missouri to non-licensed
buyers for use and distribution outside the State of Missouri during
a calendar year from the first (1st) day of January through the thirty-first
(31st) day of December.
Any person engaged in the making, manufacture, assembly or
construction of fireworks of any kind within the State of Missouri.
Buildings and structures other than tents, temporary stands
and trailers.
Any person, partnership, firm, association or corporation.
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 holding a valid seasonal retailer license
issued by the Missouri State Fire Marshall.
The act of selling, attempting to sell and offering for sale
and shall include exchange, barter and giving away for no consideration.
Miniature, unmanned sack or air balloon that relies on an
open flame as a heat source to heat the air inside the lantern with
the intention of causing it to lift into the atmosphere.
Any non-permanent structure or tent which is used solely
for the purpose of selling fireworks.
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.
[Ord. No. 17-02-09 § 1, 2-21-2017]
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 occupational license as a seasonal retailer
for the sale of such fireworks and shall have paid to the City Clerk
the fee prescribed herein. No wholesale, jobber, distributor or manufacturer
licenses shall be issued by the City.
[Ord. No. 17-02-09 § 1, 2-21-2017]
The term of licenses for seasonal retailers shall commence at
12:01 a.m. on June twentieth (20th) and expire at Midnight on July
fifth (5th). It shall be unlawful to sell fireworks in the City at
any time except during the term provided for seasonal retail licenses.
[Ord. No. 17-02-09 § 1, 2-21-2017]
A.
Application Period. The City will begin accepting applications on
April first (1st) of each year. For each license requested, a complete
application, all necessary supporting documents and the license fee
for the license must be received by the City on or before April fifteenth
(15th).
B.
Separate License Required. Each seasonal retailer must obtain a separate
occupational license for each physical sale location.
C.
Application Made By Both Seasonal Retailer And Landowner. Both the
seasonal retailer and the landowner (if different persons) must execute
the license application for each sale location. 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.
D.
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 as an 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 landowner must also execute an indemnity, on the form provided
by the City, indemnifying the City and its employees from all claims
and losses.
E.
Tent Fabric Certificate. The seasonal retailer must submit a certificate
or other evidence of acceptance by an organization or laboratory of
recognized standing or manufacturers verification that any tent fabric
material has been treated with a flame resistant material.
F.
Proposed Parking Plan Required. A parking plan specifying how the seasonal retailer will comply with the requirements of Section 660.110 must be submitted with the license application.
G.
Safety Of Utilities. The seasonal retailer must submit approval from
One-Call that no utilities will be adversely affected by placement
of stands or tent stakes prior to actual set up.
H.
Inspection. Prior to commencing sales, each seasonal retailer shall
request and obtain an inspection by the Building Official and Fire
Department for each location. The fee for each inspection shall be
three hundred dollars ($300.00). Application for a license shall constitute
consent to the initial inspection and any subsequent inspections deemed
necessary by the Building Official or Fire Chief.
I.
Seasonal Retailer License Fee. The fee for a seasonal retailer license
shall be one thousand five hundred dollars ($1,500.00) per license.
[Ord. No. 17-02-09 § 1, 2-21-2017]
A.
It shall be unlawful for any person to sell any fireworks at any
location within a district zoned or dedicated for residential or agricultural
use, including any residential planned districts, or within any commercial
or manufacturing districts except districts "C-3," "M-1" and "M-2."
B.
It shall be unlawful for any person to sell any fireworks without
a valid sales tax number.
C.
It shall be unlawful 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 and regulations of the State of Missouri, and laws
and regulations of the United States.
[Ord. No. 17-02-09 § 1, 2-21-2017]
A.
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 regulation of the United States Department of Transportation,
as amended from time to time.
B.
It shall be unlawful for any person to engage in the business of
making sales of fireworks to non-licensed buyers, regardless of where
such fireworks are to be used, except for retail sales by a licensed
seasonal retailer during the fireworks season.
C.
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 legal guardian.
D.
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.
[Ord. No. 17-02-09 § 1, 2-21-2017]
It shall be unlawful for any person to sell fireworks from a
permanent structure, car or truck or in any other manner except from
a tent, stand or trailer duly licensed to sell fireworks.
[Ord. No. 17-02-09 § 1, 2-21-2017]
A.
Storage of fireworks at any time of year shall be in compliance with
this Section, the International Fire Code as adopted by the City,
and the laws and regulations of the State of Missouri, 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" and one (1) or more signs stating the times and places fireworks may be used, ignited or discharged pursuant to Section 230.765 of the Municipal Code of the City 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 manufactured, stored, kept or sold within
fifty (50) feet of any motor vehicle fuel dispensing station dispenser,
retail propane dispensing station dispenser, compressed natural gas
dispensing station dispenser, gasoline or propane bulk station, or
any building in which gasoline or volatile liquids are sold in quantities
in excess of one (1) gallon. The provisions of this Subparagraph shall
not apply to stores where cleaners, paints, and oils are sold in the
original containers to consumers.
5.
It shall be unlawful to permit the presence of lighted cigars,
cigarettes, pipes, or any other open flame within fifty (50) feet
of where fireworks are stored, kept, or offered for sale.
6.
Storage, display and sale locations shall comply with the provisions
of 11 C.S.R. 40-3.010(6) and (7) of Missouri State Regulations.
[Ord. No. 17-02-09 § 1, 2-21-2017; Ord.
No. 22-06-06, 6-6-2022]
A.
Deposit Required. All temporarily licensed stands and signs shall
be completely removed, and the site where such stand was erected,
including the parking area and adjacent street, shall be cleared of
all debris and trash within three (3) days after expiration of the
term for retail sales of fireworks. All applicants for a license who
intended to sell fireworks from such a stand shall furnish a refundable
cash performance deposit with their application to the City Clerk.
Such deposit shall be payable to the City and in the amount of one
thousand dollars ($1,000.00).
B.
Forfeiture Of Deposit. If any person who obtains a license to sell
fireworks at retail shall fail to comply with any provision of this
Section, then the cash deposit provided for in this Subsection hereof
shall be forfeited to the City.
[Ord. No. 17-02-09 § 1, 2-21-2017]
Signs advertising the sale of fireworks shall be located on the property where the sale shall occur; shall not be erected until a business license has been obtained; shall only be displayed during the dates of the sale; and shall comply with Chapter 403, Section 403.120(D) of the Municipal Code of the City. Attention-attracting devices, including, but not limited to, pennants, streamers, wind-operated mechanisms, inflatable devices, flashing lights, beacon lights, strobe lights and mobile signs, are not permitted.
[Ord. No. 17-02-09 § 1, 2-21-2017]
A.
Every seasonal retailer selling fireworks within the City shall provide a minimum of twenty (20) parking spaces per location which shall be contiguous to the stand and shall be hard surface pavement and shall otherwise comply in full with Section 400.280 of the Municipal Code of the City.
B.
If one (1) or more required parking spaces proposed in a seasonal
retailer license application are to be on an adjoining tract of land,
the owner(s) of that tract must also join in the license application.
C.
Parking surfaces and access areas shall be maintained to prevent
mud, dirt, sticky substances or foreign matters of any kind from being
carried onto or deposited on any street, alley or other public place.
D.
Parking shall comply with the requirements of 11 C.S.R. 40-3.010(7)(B)2
and 3 of Missouri State Regulations.
[Ord. No. 17-02-09 § 1, 2-21-2017]
A.
The Building Official (to also include his/her designee), may issue
a notice of intent to revoke a license issued under this Chapter of
any person for cause. Such notice of intent shall specify the reasons
for the intended revocation and provide for a hearing (stating the
hearing's date, time, and place) for the licensee to be heard. Such
hearing will be scheduled as reasonably prompt as circumstances allow,
taking into account the brevity of the fireworks season. Upon conclusion
of the hearing, the Building Official may issue a revocation order
if he/she determines that there is cause, or he/she may rescind the
notice of intent to revoke if he/she determines that there is not
cause. If a revocation order is issued, it shall become effective
upon service to the licensee or his/her agents or employees working
at the licensee's stand. Alternatively, a revocation order may provide
for a delayed effective date or time and may provide the conditions
under which reinstatement of the license may be obtained or upon which
the revocation order may be rescinded.
B.
At the hearing, testimony of witnesses and other evidence pertinent
to the inquiry may be taken, and all proceedings in such hearings
shall be recorded, provided that all witnesses shall be sworn.
C.
The Building Official shall issue a final written decision, which
may be appealed to the Clay County Circuit Court according to law.
D.
Within twenty-four (24) hours of the Building Official's revocation
order, the license holder shall remove all fireworks product from
the stand. Within seventy-two (72) hours of the Building Official's
revocation order, the license holder shall remove the stand.
E.
A license may be revoked for any of the following reasons:
1.
Violating any of the provisions of either this Chapter, the
Revised Statutes of Missouri, Missouri Code of State Regulations,
the International Fire Code as adopted by the City, or any other ordinance
of the City.
2.
The license held by such person was obtained through materially
false statements in the application for such license, or renewal thereof.
