This chapter is intended to implement Revised Code of Washington 70.77.120 et seq., as amended, and shall be construed in connection with said law, and any and all rules or regulations issued pursuant thereto.
(Ord. 312, 6-11-1984; amd. 2006 Code)
A. 
State And Local Licenses:
1. 
Local: It is unlawful for any person, firm or corporation to engage in the retail sale of, or to sell, any fireworks within the city without first having obtained a license pursuant to the provisions of this chapter. For the purpose of this chapter, the term "fireworks" shall have the same meaning as set forth in Revised Code of Washington 70.77.126, 70.77.131 and 70.77.136.
2. 
State: The applicant shall have a valid and subsisting license issued by the state authorizing the holder thereof to engage in the fireworks business.
B. 
Conditions And Terms:
1. 
A license granted pursuant to this chapter shall entitle the licensee to maintain only one retail outlet. All licenses issued pursuant hereto shall be used only by the designated licensee and shall be nontransferable. Any transfer or purported transfer of such a license shall be deemed a violation of this chapter.
2. 
A license for the sale of fireworks shall be issued only upon the terms and conditions set forth in subsection E of this section, and in sections 4-8-3, 4-8-4 and 4-8-5 of this chapter.
C. 
License Fee: The annual license fee for the sale of such fireworks as may be authorized under this chapter, or may be authorized by the provisions of the laws of the state, shall be ten dollars ($10.00) per year, payable in advance.
D. 
Number Of Licenses Limited:
1. 
No person, firm or corporation shall receive more than one license for the sale of fireworks during any one calendar year. The maximum number of licenses which may be issued pursuant to this chapter shall not exceed two (2) licenses.
2. 
In the event there are more applications for licenses than there are licenses available, then licenses shall be granted to those first applying therefor who meet all necessary qualifications and requirements.
E. 
Applicant Right To Possess Temporary Stand: The applicant shall own or have the right to possess a temporary fireworks stand complying with the standards set forth in section 4-8-10 of this chapter for temporary fireworks stands.
F. 
Revocation Of License: In addition to all the grounds for revocation of licenses set forth in the general provisions of this chapter, any failure or refusal on the part of a licensee to obey any rule, regulation or request of the Pierce County fire marshal, or his duly authorized representative, concerning the sale of fireworks shall be grounds for the revocation of a fireworks license.
(Ord. 312, 6-11-1984)
The applicant shall procure and maintain a policy or policies of public liability and property damage insurance in a company or companies approved by the city in the following amounts: one hundred thousand dollars ($100,000.00) or more for injuries to any one person in one accident or occurrence; three hundred thousand dollars ($300,000.00) or more for injuries to two (2) or more persons in any one accident or occurrence; fifty thousand dollars ($50,000.00) for damage to property in any one accident or occurrence.
(Ord. 312, 6-11-1984)
A. 
Bond Or Deposit: The applicant shall post with the city a performance bond or cash deposit in an amount not less than fifty dollars ($50.00), conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site of the temporary stand, which deposit shall be returned to the applicant only in the event that he removes the temporary stand and cleans up all debris to the satisfaction of the proper officials of the city.
B. 
Failure To Remove Stand And Clean Property: In the event of the applicant’s failure to do so, the performance bond or cash deposit shall be forfeited to the city. In no event shall the applicant be entitled to the return of the bond or cash deposit if he has failed to remove the temporary stand and clean up all debris by July 10 of each year.
(Ord. 312, 6-11-1984)
No licensee shall sell at retail or offer for sale any common fireworks authorized to be sold herein within the city, except from twelve o’clock (12:00) noon on June 28 to nine o’clock (9:00) P.M. on July 5 of any year. No common fireworks may be sold between the hours of eleven o’clock (11:00) P.M. and nine o’clock (9:00) A.M.
(Ord. 312, 6-11-1984; amd. 2006 Code)
It is unlawful for any person to sell, possess use or explode any dangerous fireworks within the city. Any item of fireworks which is not classified as "common fireworks" as defined by Revised Code of Washington 70.77.136 shall be deemed dangerous and is prohibited by this chapter, unless a permit has been obtained for an exhibition display.
(Ord. 312, 6-11-1984)
No person shall use or explode any fireworks within the city except from twelve o’clock (12:00) noon on June 28 to eleven o’clock (11:00) P.M. on July 5 of any year. No fireworks shall be discharged between the hours of eleven o’clock (11:00) P.M. and nine o’clock (9:00) A.M., except that fireworks may be discharged from eleven o’clock (11:00) P.M. on December 31 until one o’clock (1:00) A.M. January 1 of the subsequent year; provided, that this prohibition shall not apply to duly authorized public displays where the same are authorized pursuant to the laws of the state.
(Ord. 590, 12-13-1999; amd. 2006 Code)
Minimum Standards And Conditions: The temporary stands of all licensees shall conform to the minimum standards and conditions set forth in this section.
A. 
Building Standards: Temporary fireworks stands need not comply with all provisions of the building code of the city; provided, however, that all such stands shall be erected under the supervision of the Pierce County fire marshal, or his duly authorized representative, who shall require all stands to be constructed in a safe manner, ensuring the safety of attendants and patrons. In the event any temporary stand is wired for electricity, then the wiring shall conform to the building code of the city.
B. 
Location Restrictions: No temporary fireworks stand shall be located within twenty feet (20') of any other building or structure, nor within fifty feet (50') of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored.
C. 
Exits: Each temporary fireworks stand must have at least two (2) exits, which shall be unobstructed at all times.
D. 
Fire Extinguisher: Each temporary fireworks stand shall have, in a readily accessible place, a fire extinguisher duly approved in advance by the Pierce County fire marshal, or his duly authorized representative.
E. 
Clearing Of Weeds And Grass: All weeds, grass and combustible materials shall be cleared from the location of the temporary fireworks stand and the surrounding area a distance of not less than twenty feet (20'), measured from the exterior walls on each side of the temporary fireworks stand.
F. 
Smoking Prohibited: No smoking shall be permitted in or near a temporary fireworks stand, and the same shall be posted with proper "No Smoking" signs.
G. 
Adult In Attendance: Each temporary fireworks stand shall have an adult in attendance at all times. No child or children under the age of eighteen (18) years shall be allowed inside any temporary fireworks stand.
H. 
Unsold Stock And Litter Removal: All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by twelve o’clock (12:00) noon on July 7 of each year.
(Ord. 312, 6-11-1984)
Any person, firm, corporation or association violating or failing to comply with any provisions of this chapter shall, upon conviction thereof, be subject to penalty as provided in section 1-4-1 of this code.
(Ord. 312, 6-11-1984; amd. 2006 Code)