5.28.090 Terms and conditions for issuance of retail sale permit.

A permit for retail sale of common fireworks shall be issued only upon the following terms and conditions:

(1)    The applicant shall have a valid license issued by the state of Washington authorizing the holder thereof to engage in the retail sale of fireworks. In addition, neither the applicant nor the responsible party for the permit shall have been convicted of a felony unless the conviction was discharged pursuant to RCW 9.94A.637 or 13.50.050; or a fire/fireworks-related misdemeanor within the last three (3) years.

(2)    In addition to the other requirements of Chapter 70.77 RCW, the applicant shall procure and maintain a policy or policies of public general liability, bodily injury and property damage insurance in a company or companies approved by the county in the minimum amount of one million dollars ($1,000,000) single limit; Clark County shall be named as an additional insured. Certificates of coverage shall be filed with the county fire marshal upon application for a retail sales permit.

(3)    The applicant’s location or place of business shall be only in those areas or zones within the county wherein commercial or industrial activities are authorized under the applicable zoning laws of the county; provided, that no fireworks shall be sold in any residential area where a commercial enterprise does not exist.

(4)    If the stand is not removed and debris cleaned up by 11:59 p.m., July 15th, the applicant will be subject to a fine not to exceed five hundred dollars ($500).

(5)    Such permit shall be issued or denied by the county fire marshal and subject to the same appeal procedure and standard as an appeal of a Type I procedure under Sections 40.100.050(A) and 40.500.010(A). (Sec. 9 of Ord. 1977-06-2; amended by Sec. 8 of Ord. 1982-05-68; amended by Sec. 6 of Ord. 1999-12-01; amended by Sec. 5 of Ord. 2006-04-07; amended by Sec. 2 of Ord. 2014-01-08)