[Ord. No. 2591, 9-13-2022]
A.
DISTRIBUTOR
FIREWORKS
FIREWORKS SEASON
MANUFACTURER
PERMANENT STRUCTURE
PERSON
SEASONAL RETAILER
SELL or SALE
STAND
WHOLESALER
Definitions. For the purpose of this Article, 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.
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 21st day of June and continuing through the fifth day of July of the same year, which shall be the only periods of time that seasonal retailers may be permitted to sell fireworks. As provided by Section 205.160.
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.
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. 2591, 9-13-2022]
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
Collector the required applicable occupational license as a seasonal
retailer for the sale of such fireworks and shall have paid to the
City Collector the fee prescribed herein. No wholesale, jobber, distributor,
or manufacturer licenses shall be issued by the City.
[Ord. No. 2591, 9-13-2022]
The term of licenses for seasonal retailers shall commence at
12:01 A.M. on June 21 and expire at Midnight on July 5. It shall be
unlawful to sell fireworks in the City at any time except during the
term provided for seasonal retail licenses.
[Ord. No. 2591, 9-13-2022]
A.
Application Period. The City will begin accepting applications on
April 1 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 June 15.
B.
Separate License Required. Each seasonal retailer must obtain a separate
occupational license for each physical sale location.
C.
Proof Of Insurance Required. The seasonal retailer 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.
D.
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.
E.
Inspection. Prior to commencing sales, each seasonal retailer shall
request and obtain an inspection by the Fire Department for each location.
Application for a license shall constitute consent to the initial
inspection and any subsequent inspections deemed necessary by the
Fire Chief.
F.
Seasonal Retailer License Fee. The fee for a seasonal retailer license
shall be as set forth in the City's Comprehensive Fee Schedule.
[Ord. No. 2591, 9-13-2022]
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 district, except districts "B-2," "B-3," "I-1,"
and "I-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. 2591, 9-13-2022]
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. 2591, 9-13-2022]
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 205.160 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, and displayed in plain view.
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. 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 CSR 40-3.010(6) and (7) of Missouri State Regulations.
[Ord. No. 2591, 9-13-2022]
A.
The Fire Chief (to also include their 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 Fire Chief 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 Fire Chief shall issue a final written decision, which may be
appealed to the Ray County Circuit Court according to law.
D.
Within twenty-four (24) hours of the Fire Chief's revocation order,
the license holder shall remove all fireworks product from the stand.
Within seventy-two (72) hours of the Fire Chief'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.
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The license held by such person was obtained through materially
false statements in the application for such license, or renewal thereof.
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