[Ord. No. 09-9, 11-9-2009]
The purpose of this Article is to regulate and provide for the orderly sale of certain combustible products known as "fireworks" as hereinafter defined and thereby to reduce the risk of harm to the health, safety, and property of the people of the Village of Sunrise Beach.
[Ord. No. 09-9, 11-9-2009]
As used in this Article, the following terms shall have the meanings indicated:
CONSUMER FIREWORKS
Shall have the meaning described in Section 320.106(3), RSMo.
DISPLAY FIREWORKS
Shall have the meaning described in Section 320.106(6), RSMo.
USE
Includes to purchase, possess, set off or otherwise cause to explode or discharge or burn any firecrackers, torpedo, rocket or other fireworks or explosives of inflammable material, or discharge them or throw them from land, air or highway into any area of the Village. This shall include and mean any casting throwing lighting or firing any squib, rocket, cracker, torpedo, grenade, gun, revolver, pistol cap or cartridge or other combustible firecrackers or fireworks of any kind.
[Ord. No. 09-9, 11-9-2009]
It shall be unlawful for any persons to discharge or shoot any display fireworks in or on any public street, public sidewalk, public park, public grounds, or upon any residential property within the Village without a permit for such display. Nothing herein shall prohibit or limit any commercial business within the municipality from discharging display fireworks upon property owned by said business, so long as the discharge of said display fireworks complies with the Missouri Fireworks Regulations of the Missouri Division of Fire Safety, and further, that said discharge of display fireworks is completed prior to 10:30 P.M., with the exception of December 31 each year, on which date a discharge of display fireworks may commence at midnight on said date. Permits for the discharge of display fireworks on private residential property may be obtained from the Village Clerk upon application for same and upon proof of compliance by the applicant with the Missouri Fireworks Regulations of the Missouri Division of Fire Safety.
[Ord. No. 09-9, 11-9-2009]
Display fireworks may not be sold at retail within the Village of Sunrise Beach. No person shall sell or offer for sale any consumer fireworks from a temporary stand or facility within the limits of the Village of Sunrise Beach without first obtaining a permit therefor from the Village of Sunrise Beach. The sale of said consumer fireworks from temporary stands of facilities shall be limited to the period commencing June 20 and ending on July 10 of each year. No more than four (4) permits shall be issued by the Village for such temporary stands or facilities to be in effect at any one (1) time. No more than one (1) permit shall be issued to any person, married couple, or business. Permits shall be issued by the Village Clerk only to Sunrise Beach residents who have resided within the Village limits for at least six (6) months prior to their application for such permit, or to business owners holding a valid city merchant's license for not less than six (6) months prior to their application for such permit, the owner of property within the municipal limits; or to not-for-profit, charitable, religious, or civic organizations whose principal place of operations is located within the Village limits. All permits shall be non-transferable, and shall clearly state thereon the location of the temporary stand or facility, and shall be valid only for the location stated thereon. No permit shall be issued for any location which is within one thousand (1,000) feet of another permitted location except upon application to and approval thereof by the Board of Trustees.
[Ord. No. 09-9, 11-9-2009]
A. 
Temporary Sales. No permit for the temporary sale of consumer fireworks shall be issued unless the application therefor is accompanied by proof of a sales tax license and compliance with the Missouri Fireworks Regulations of the Missouri Division of Fire Safety. Prior to the issuance of any permit by the Clerk, the Police Department shall conduct a criminal background check on the applicant, and the Clerk shall request a report of any delinquent sales taxes in the name of the applicant from the Missouri Department of Revenue. If said applicant has any prior felony convictions, any delinquent sales tax obligations, or has been convicted of any prior violations of any nature relating to the sale of fireworks, the application shall be referred by the Clerk to the Board of Trustees for granting or denial. All applications shall contain the name of the applicant, a detailed description of the location of sale site, the type of structure from which sales are to be made, and shall be at least fifty (50) feet from any gasoline pumps, gasoline storage tanks, or incinerators, and shall be at least fifty (50) feet from any building. A permit fee of fifty dollars ($50.00) is required.
B. 
Display. Applications for fireworks display permits as provided herein shall be made in writing to the Village of Sunrise Beach and shall state clearly thereon the name of the organization sponsoring the same, the proposed date and time of the display, and the nature of the display proposed. All such applications shall be submitted not less than thirty (30) days in advance of the proposed display. A permit fee of fifty dollars ($50.00) is required.
[Ord. No. 09-9, 11-9-2009]
This Article shall not apply to the sale of fireworks from any permanent structure within the Village of Sunrise Beach, and any merchant desiring to conduct such sales shall comply with all other ordinances of the Village of Sunrise Beach and applicable State Laws and Regulations.
[Ord. No. 09-9, 11-9-2009]
Any person who fails to comply with or violates the provisions of this Article shall be deemed guilty of an ordinance violation and upon conviction thereof shall be as set forth in Chapter 100, Article III, of this Code. Each sale or discharge of a firework without a required permit shall constitute a separate offense.