It shall be unlawful and a violation of this code and any license issued under this code, for any person:
(1) 
To transport, possess, discharge, offer for sale, or sell any fireworks devices without first obtaining a license therefor as required under this code;
(2) 
To alter or change the composition or form of any fireworks devices held for sale from the composition or form in which such fireworks were acquired from the wholesaler;
(3) 
To change or alter any labels that are affixed to any fireworks devices held for sale or the packaging of any fireworks devices, at any time after their acquisition from the wholesaler;
(4) 
To repackage any fireworks devices held for sale at any time after their acquisition from the wholesaler, with fireworks devices not authorized by this code;
(5) 
To smoke in or within 25 feet of any fireworks stand;
(6) 
To operate or assist in the operation of any fireworks stand while under the influence of alcohol or illegal drugs;
(7) 
Under the age of 16 years to operate or assist a retail licensee in the operation of any fire-works stand;
(8) 
To transport, possess, discharge, offer for sale, or sell any fireworks devices prohibited by this code;
(9) 
To possess, use, consume, offer for sale, or sell any illegal drugs or any alcohol in or within 1,300 linear feet of any fireworks stand.
(Ord. 52 § 6.1, 5-4-2012 (Res. 2012-204); Res. 2025-302)
The Board of Directors may implement time and place restrictions on the discharge of fireworks within the Tulalip Indian Reservation, and such restrictions shall be provided by public notice. A violation of the annual restrictions implemented by the Board of Directors pursuant to this section shall be a violation subject to civil penalty consistent with TTC § 10.25.230. Nothing in this section shall supersede or otherwise impact the ability of the Tribes or any other governmental authority to issue a burn ban.
(Res. 2025-302)
The Tax and Licensing Division of the Tulalip Tribes and the Tulalip Police Department shall be responsible for enforcement of the provisions of this code. The Tax and Licensing Division may delegate its enforcement authority to such Tribal officials as it deems appropriate. In addition to criminal sanctions or civil remedies, Tulalip law enforcement officers may revoke any license issued pursuant to this chapter upon any failure or refusal of the licensee and/or licensee’s assistants to comply with any provisions of this chapter or other applicable law or regulation.
(Ord. 52 § 6.2, 5-4-2012 (Res. 2012-204); Res. 2025-302)
The Tax and Licensing Division, and Tribal officials or Tribal law enforcement officers to whom it has delegated authority, may enter and search any fireworks stand owned or utilized by any licensee for purposes of determining whether violations of this code have occurred or are occurring. By acceptance of a license, the licensee consents to such entries and searches. Notwithstanding any other provision of this code, no person other than the licensee may operate, or assist in the operation of, a fireworks stand without first having signed and delivered to the Tax and Licensing Division a consent to the Tax and Licensing Division, and Tribal officials or Tribal law enforcement officers to whom it has delegated authority, entering and searching any fireworks stand for purposes of determining whether violations of this code have occurred or are occurring.
(Ord. 52 § 6.3, 5-4-2012 (Res. 2012-204); Res. 2025-302)
A Notice of Fireworks Code Violation and/or Notice of Immediate Restraint may be served upon any person determined to have violated any provision of this code, or of any regulation or license hereunder.
(1) 
Licensees shall be responsible under this code for violations committed or permitted by any person operating or assisting in the operation of the licensed fireworks stand.
(2) 
Service of any notice authorized in this code upon any person operating or assisting in the operation of a fireworks stand shall constitute constructive service upon the licensee.
(3) 
Any person served with a Notice of Fire-works Code Violation shall immediately correct any violation identified in the notice. Any person who fails to take such corrective action shall be immediately restrained. Enforcement authorities are authorized to immediately take all actions reasonably necessary and appropriate to restrain, discontinue and correct the violation.
(Ord. 52 § 6.4, 5-4-2012 (Res. 2012-204); Res. 2025-302)
The Board of Directors finds that the following unlawful acts are major violations of this code, and constitute a serious threat to the public health and safety, justifying summary administrative emergency action:
(1) 
Smoking in or within 25 feet of any fireworks stand;
(2) 
The possession, use, consumption, offer for sale, or sale of any illegal drugs or any alcohol in or within 1,300 linear feet of any fireworks stand;
(3) 
Operating or assisting in the operation of any fireworks stand by any person under the influence of alcohol or illegal drugs;
(4) 
The transportation, possession, discharge, offer for sale, or sale of any fireworks device prohibited by this code; and
(5) 
Persons employed or assisting a licensee who have not been authorized to assist under TTC § 10.25.140. For purposes of this subsection, “employed or assisting” shall mean any person soliciting within 10 feet of licensee’s stand, or actively soliciting or assisting within a licensee’s stand.
(6) 
Where enforcement authorities determine that any such violation is ongoing, in addition to any other sanctions authorized under this code, the violation shall be immediately restrained by mandatory closure of the fireworks stand and immediate suspension and seizure of the license therefor.
(a) 
Violation of subsection (5) of this section shall result in an immediate stand closure immediately following the violation for a period of 24 hours. There are no appeal rights to the magistrate under Article VII of this chapter.
(7) 
Where enforcement authorities determine that any ongoing violation involves the transportation, possession, discharge, offer for sale, or sale of any fireworks device prohibited or not authorized by this code, in addition to any other sanctions authorized under this code, such prohibited fireworks devices shall immediately be seized.
(8) 
The suspensions and seizures authorized in this section shall continue in effect until any hearing on the violation, and thereafter for the duration of the pertinent season if the person or licensee is determined to have committed the violation.
(Ord. 52 § 6.5, 5-4-2012 (Res. 2012-204); Res. 2025-302)
In addition to any other sanction authorized under this code or any regulations adopted hereunder, civil penalties are authorized. Civil penalties in this section are cumulative, and may be imposed in addition to any other sanction authorized by this code or under any duly adopted regulations:
(1) 
Any person who commits a major violation of this code shall be liable for a civil penalty not exceeding $1,000 for each such violation.
(2) 
Any person who commits any other violation of this code, or any regulations adopted hereunder, or any condition of a license issued pursuant to this code, shall be liable for a civil penalty not exceeding $500.00 for each such violation.
(3) 
Any person who sells fireworks devices prohibited or not authorized by this code shall be liable for a civil penalty in the amount equal to the gross sales price of such prohibited fireworks devices.
(4) 
Any person who fails to furnish reports or who furnishes a knowingly false report on activities regulated by this code as required by any provision of this code or by regulations hereunder shall be liable for a civil penalty not exceeding $500.00.
(Ord. 52 § 6.6, 5-4-2012 (Res. 2012-204); Res. 2025-302)
The Tax and Licensing Division may suspend, revoke, or modify a license upon due notice and an opportunity for a hearing, as provided in this code. The sanctions authorized in this section are cumulative and may be imposed in addition to any other sanction authorized under this code or under any duly adopted regulations.
(1) 
The license of any person found to have committed a major violation of this code shall be suspended for not less than the duration of the pertinent season.
(2) 
The license of any person found to have engaged in the transportation, possession, discharge, offer for sale, or sale of any fireworks device prohibited by this code or by any license or any duly adopted regulations, shall be suspended, and such person shall be ineligible to apply for a license, for a period not less than 15 months commencing on the date of such violation.
(3) 
The license of any person found to have committed any violation of this code, or any license or any duly adopted regulations, may be suspended, and such person shall be ineligible to apply for any license, as follows:
(a) 
For any single violation, not exceeding one year commencing on the date of violation.
(b) 
For any two violations occurring within any 12-month period, not exceeding three years commencing on the date of the latest violation.
(c) 
For any three or more violations occurring within any 24-month period, five years commencing on the date of the latest violation.
(4) 
The Tax and Licensing Division shall suspend the license of any licensee who fails to pay any tax, fee, civil penalty or other assessment required under this code, any license or any duly adopted regulation, when the same becomes due, until the fee, tax, penalty or assessment is fully paid. The licensee shall not be eligible to apply for removal of the suspension or for a new license until such assessment is paid.
(5) 
The Tax and Licensing Division may revoke any license obtained by the use of materially false or misleading information.
(Ord. 52 § 6.7, 5-4-2012 (Res. 2012-204); Res. 2025-302)
Any notice or sanction authorized under this code, or under any regulation or license, shall be in writing, imposed by the Tax and Licensing Division or its designee, and served upon the person or licensee upon due notice and opportunity for hearing. If no petition for Magistrate’s Hearing is filed within 10 days following the date of service of the notice, the sanction shall be final and not appealable. Any unpaid civil penalty may thereafter be collected by the Tax and Licensing Division through seizure and sale of fireworks devices or other property of the violator, or by any other manner permitted by law.
(Ord. 52 § 6.8, 5-4-2012 (Res. 2012-204); Res. 2025-302)