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An application for a permit to offer for sale, at retail or wholesale, or to sell, at retail or wholesale, any fireworks within the City shall be made at the offices of the Fire Marshal for the City on or before June 10th of the year for which the permit is desired. Such a permit shall be issued only upon the following minimum conditions and requirements:

A. The application shall be filed with and accompanied by a permit fee of $100.00.

B. Approval of the permit by the City Manager or designee, subsequent to an investigation by the City’s Fire Marshal or designee.

C. The application shall have a valid license issued by the state authorizing the holder thereof to engage in the business of sale of fireworks.

D. If the applicant does not own or have the right to possess a temporary fireworks stand complying with the standards required for temporary fireworks stands, then the applicant shall have as a place for the sale of fireworks a building which is of fireproof construction and with proper firefighting equipment located therein, as approved by the City’s Fire Marshal or his designee. In all cases, the placing of fireworks for display in the fireworks stand or place of sale shall be in such a manner as to be beyond the reach of customers.

E. The applicant shall procure and maintain a policy or policies of public liability and property damage insurance with a company or companies acceptable to the City Attorney in the following amounts: $100,000 or more for injuries to any one person in any one accident or occurrence; $200,000 or more for injuries to two or more persons in any one act or occurrence; $50,000 or more for damage to property in any one accident or occurrence. The City shall be named as an additional insured in each policy providing coverage in connection with the manufacture, importation, exportation, regulation, possession, sale, use and/or discharge of fireworks.

F. The permittee’s location or place of business, if a temporary fireworks stand, shall be only in those areas or zones within the City which have been approved by the Fire Marshal of the City or designee. The permittee’s location or place of business, if the fireworks stand or display is located within a permanent structure, shall be only in those zones within the City in which commercial businesses may be located.

G. The applicant shall post with the City Clerk a performance bond or cash bond in the amount of not less than $50.00, subject to the following conditions: The deposit shall be returned to the applicant only if the applicant promptly removes the temporary fireworks stand and cleans the area of its location to the satisfaction of the Fire Marshal or his designee, or, in the case of a fireworks stand being located within a permanent structure, if the applicant promptly cleans the area of its location to the satisfaction of the Fire Marshall or his designee. In the event that the applicant fails 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 performance bond or the cash deposited if he/she fails to complete the above described work by July 15th of any year. [Ord. 742 § 1, 2020; Ord. 84 § 1, 1996.]