Chapter 5-5
FIREWORKS

SECTION:

5-5-1:    DEFINITIONS

5-5-2:    SALES LICENSE REQUIRED

5-5-3:    APPLICATION FOR LICENSE; FEE

5-5-4:    SALE AND USE LIMITATIONS

5-5-5:    SALES, GENERAL REQUIREMENTS

5-5-6:    INDOOR SALES

5-5-7:    TEMPORARY FIREWORKS STANDS

5-5-8:    DISCHARGE OF FIREWORKS

5-5-9:    PENALTY

5-5-1 DEFINITIONS:

The following terms shall have, for the purpose of this chapter, the following definitions:

INDOOR SALES:

Sales conducted inside permanent structures.

PERMANENT STRUCTURE:

A nonmovable building, securely attached to a foundation, housing a business licensed to sell merchandise generally, in addition to the sale of fireworks.

PERSON:

An individual, company, partnership, corporation or other business entity.

TEMPORARY STAND:

A nonpermanent, structure used for the sale of fireworks. (Ord. 32, 7-13-1983)

5-5-2 SALES LICENSE REQUIRED:

Except as provided in this chapter, no person shall offer for sale or sell at retail any fireworks without first having applied for and received a license to do so for each location at which the said fireworks are sold or offered for sale. (Ord. 32, 7-13-1983)

5-5-3 APPLICATION FOR LICENSE; FEE:

Application for a license to sell fireworks shall: (Ord.32, 7-13-1983)

A.    Fees: Be made in writing, accompanied by a permit fee established by resolution of city council, which fees may be amended by resolution of the city council. (Ord. 32, 6-18- 1985; amd. 2007 Code)

B.    Location: Set forth the proposed location of the fireworks sales.

C.    Insurance:

1. Public Liability: Include for delivery to the city recorder insurance certificates evidencing public liability insurance coverage in the amount of two hundred thousand dollars/four hundred thousand dollars ($200,000.00/$400,000.00) and property damage insurance coverage in the amount of two hundred thousand dollars ($200,000.00). Such certificates shall designate the city as an additional insured.

2. Products Liability: Include for delivery to the city recorder insurance certificates evidencing products liability insurance in an amount not less than one million dollars ($1,000,000.00).

D.    Compliance With State And Local Laws: Include a statement that the applicant agrees to comply strictly with the terms of this chapter, the laws of the state, the city and the license as granted.

E.    Sales Tax Permit: Include evidence of a current sales tax permit issued by the state. (Ord. 32, 7-13-1983)

5-5-4 SALE AND USE LIMITATIONS:

A.    Sale: "Fireworks", as defined by, and authorized pursuant to, the Utah fireworks act, Utah Code Annotated 11-3-1 et seq., may be sold within the city on or between June 20 and July 26 of each year; on or between December 20 and January 2 of each year; and fifteen (15) days before and on the Chinese New Year.

B.    Discharge: Fireworks may be discharged three (3) days prior to, on the day of, and three (3) days following, July 4, July 24, January 1 of each year and the Chinese New Year. (Ord. 32, 7-13-1983)

5-5-5 SALES, GENERAL REQUIREMENTS:

The following shall be general requirements which must be followed by all persons selling fireworks within the city:

A.    Weeds, Combustible Materials: All weeds and combustible materials shall be cleared from any sales location, including a distance of at least twenty five feet (25') surrounding the sales location.

B.    Signs:

1. A sign, bearing the message "Discharge Of Fireworks Prohibited Within 100 Feet Of This Location", in letters at least three inches (3") tall, shall be conspicuously displayed at each sales location.

2. A sign indicating the legal dates for the discharge of fireworks shall be posted at all fireworks sales locations in such a position as to be clearly visible to the general public.

C.    Supervision: There shall be at least one supervisor, no younger than eighteen (18) years of age, on duty at all times when the sale of fireworks is in progress. Such supervisor shall remain near the sales location at all times unless suitable locking devices are provided to prevent the unauthorized access to the merchandise by others, or unless the merchandise is removed.

D.    Self-Service: All fireworks shall be effectively kept away from any kind of self-service by the public unless the fireworks are prepackaged and kept in the original packages.

E.    License And Sales Tax Permit, Inspection: The license authorizing the sale of fireworks and a copy of the sales tax permit used by the licensee shall be available for inspection by public safety personnel.

F.    Sales To Underage Persons: Fireworks shall not be sold to any person under the age of sixteen (16) years, unless such person is accompanied by an adult.

G.    Storage Restricted: The storage of fireworks for sale shall not be located in residential areas.

H.    Smoking: Smoking shall not be permitted within fifty feet (50') of any fireworks, either on display for retail sale or being stored. "Smoking Prohibited Within 50 Feet" (or similar wording) signs shall be conspicuously posted at all sales and storage locations.

I.    Fire Extinguisher: All retail sales locations shall be equipped with at least one portable fire extinguisher having a combined rating of no less than 2A:10BC, approved by a recognized testing laboratory.

J.    Creation Of Hazard: No amount of retail storage or retail sales of fireworks shall, by its presence, create a distinct hazard to any person or property. (Ord. 32, 7-13-1983)

5-5-6 INDOOR SALES:

The following requirements shall be specifically applied to any indoor sales locations:

A.    Storage Restrictions:

1. In all retail sales locations in permanent structures where fireworks are sold, the area where fireworks are displayed or stored shall be at least fifty feet (50') from any flammable liquid or gas, or from any other highly combustible material.

2. Fireworks shall not be stored, including stock for sale, near any exit doorways, stairways or in any location that would impede egress.

B.    Sales In Original Packaging: Fireworks shall be stored, handled, displayed and sold only as units in their original packaging.

C.    Display: Fireworks inside buildings shall be displayed according to the following restrictions:

1. Up to two hundred fifty (250) pounds of fireworks, display of fireworks is unrestricted.

2. From two hundred fifty one (251) pounds to five hundred (500) pounds of fireworks, display of fireworks must be within constant visual supervision of sales personnel.

3. In excess of five hundred (500) pounds of fireworks, display of fireworks must be constantly attended by a salesperson who is over the age of eighteen (18). (Ord. 32, 7- 13-1983)

5-5-7 TEMPORARY FIREWORKS STANDS:

Retail sales of fireworks shall be permitted from within a temporary fireworks stand. Sales from such temporary stands shall be subject to the following regulations:

A.    Location: All fireworks stands shall be located in a commercial zone or any other zone that future change made by planning ordinances provide, no closer than twenty five feet (25') from any other fireworks stand or any unit used for the storage or dispensing of any flammable substance.

B.    Construction: Fireworks stands need not comply with the provisions of the adopted building code, but all such stands shall be erected in a manner that will reasonably assure the safety of occupants and patrons.

C.    Exits:

1. Each stand up to twenty four feet (24') in length must have at least two (2) exits.

2. Each stand in excess of twenty four feet (24') in length must have at least three (3) exits.

3. All exits shall be spaced at approximately equal distances apart.

4. Exit locking devices, if any, shall be easily released from the inside without special knowledge, key or effort.

D.    Fire Extinguishers: Each stand shall maintain a two and one-half (2 1/2) gallon 2A rated water pressure type fire extinguisher or an ABC minimum 2A:10BC rated fire extinguisher near each exit, and such extinguishers shall be kept in good working order and shall be easily accessible for use.

E.    Smoking: Two (2) signs, each sign bearing the message "No Smoking Within 50 Feet Of This Stand" in letters at least three inches (3") tall, shall be displayed on each and every side of a fireworks stand.

F.    Removal Of Stands: Fireworks stands shall be removed within seven (7) days after retail sales shall cease and the licensee shall clean the site upon which the temporary stand was formerly located. (Ord. 32, 7-13-1983)

G.    Deposit Or Surety Bond: Prior to the issuance of a license for a temporary stand, each applicant shall file with the city recorder a cash deposit, irrevocable letter of credit or a surety bond made payable to city in the amount of one hundred fifty dollars ($150.00) for each temporary stand to be operated by the applicant. Such deposit, letter or bond shall assure compliance with the provisions of this chapter. If the licensee does not remove the stand or clean the site as required, the city may do so or cause the same to be done and the reasonable cost thereof shall be charged against the licensee and the deposit, letter of credit or surety bond. (Ord. 32, 7-13-1983; amd. 2007 Code)

H.    Aisle Within Stand: Each temporary stand in which customers enter shall have a minimum three foot (3') wide unobstructed aisle running the length of the stand, inside and behind the sales counter.

I.    Pass Through Openings For Sales: Any pass through openings for the sales of fireworks in temporary stands shall be arranged to permit the customer to view the merchandise for sale but shall prevent the touching or handling of non-prepackaged fireworks by the customer.

J.    Locking Devices: In the event that the temporary stand is used for the overnight storage of fireworks, it shall be equipped with suitable locking devices to prevent unauthorized entry.

K.    Sleeping In Stand: No person shall sleep in a temporary fireworks stand. (Ord. 32, 7-13- 1983)

5-5-8 DISCHARGE OF FIREWORKS:

It shall be unlawful for any person to:

A.    Near Fireworks Sales Location: Discharge fireworks within one hundred feet (100') of any fireworks sales location.

B.    Property Of Another: Ignite, explode, project or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon or over or on the property of another.

C.    Residences, Other Structures: Ignite, explode or otherwise make use of any fireworks within twenty feet (20') of any residence, dwelling, or other structure. (Ord. 32, 7-13- 1983)

5-5-9 PENALTY:

Any person violating the provisions of this chapter shall be deemed guilty of a class B misdemeanor and, upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code. (Ord. 32, 7-13-1983; amd. 2007 Code)