City of Riverside, MO Miscellaneous Business Regulations

[R.O. 2011 §605.320; CC 1971 §12.7; Ord. No. 91-29 §§1 — 13, 5-21-1991; Ord. No. 99-36 §1, 5-4-1999; Ord. No. 99-40 §1, 5-18-1999; Ord. No. 2004-36 §1, 4-13-2004; Ord. No. 2006-06 §2, 1-17-2006; Ord. No. 2006-26 §1, 3-7-2006; Ord. No. 2007-60 §1, 6-19-2007; Ord. No. 2007-134 §1, 12-4-2007]

Definitions. For the purpose of this Section, the following words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely precatory.

BOTTLE ROCKET

A type of firework that is attached to a stick and is designed to ascend into the air with:

A casing size of less than three-eighths (⅜) of an inch for the outside diameter and less than two and one-half (2½) inches in length; and

An overall length, including stick, of less than twelve (12) inches.

CITY

The City of Riverside, Missouri.

DISTRIBUTOR

Any person engaged in the business of selling fireworks to wholesalers, jobbers, seasonal retailers, other persons or governmental bodies that possess the necessary permits as specified in Sections 320.106 to 320.161, RSMo., including any person that imports any fireworks of any kind in any manner into the State of Missouri.

FIREWORKS

Explosive devices designed primarily to produce visible or audible effects by combustion, including aerial devices and ground devices, all of which are classified as fireworks, UN0336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as Class C common fireworks by regulation of the United States Department of Transportation.

FIREWORKS SEASON

The period beginning on the twentieth (20th) day of June and continuing through the fifth (5th) day of July of the same year and the period beginning on the twentieth (20th) day of December and continuing through the second (2nd) day of January of the next year, which shall be the only periods of time that seasonal retailers may be permitted to sell fireworks.

JOBBER

Any person engaged in the business of making sales of fireworks at wholesale or retail within the State of Missouri to non-licensed buyers for use and distribution outside the State of Missouri during a calendar year from the first (1st) day of January through the thirty-first (31st) day of December.

MANUFACTURER

Any person engaged in the making, manufacture, assembly or construction of fireworks of any kind within the State of Missouri.

PERMANENT STRUCTURE

Buildings and structures other than tents, mobile homes and trailers.

PERSON

Any person, partnership, firm, association or corporation.

SEASONAL RETAILER

Any person within the State of Missouri engaged in the business of making sales of fireworks in Missouri during a fireworks season as defined in of this Section.

SELL OR SALE

The act of selling, attempting to sell and offering for sale and shall include exchange, barter and giving away for no consideration.

STAND

Any non-permanent structure or tent which is used solely for the purpose of selling fireworks.

WHOLESALER

Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales of fireworks at retail within the State of Missouri.

License Required. It shall be unlawful for any person to manufacture, sell or distribute any fireworks within the City limits or to ship or cause to be shipped into the City, except as herein provided, any item of fireworks unless such person shall have first obtained from the City Clerk the required applicable occupational license as a wholesaler or seasonal retailer for the sale of such fireworks and shall have paid to the City Clerk the fee prescribed herein, if applicable.

License Term. All licenses except for seasonal retailers shall be for the calendar year or any fraction thereof and shall expire on the thirty-first (31st) day of December of each year. The term of licenses for seasonal retailers shall constitute the following two (2) time periods, the first (1st) shall commence at 12:01 A.M. on June twentieth (20th) and expire at Midnight on July fifth (5th) and the second (2nd) shall commence at 12:01 A.M. on December twentieth (20th) and expire at Midnight on January second (2nd). It shall be unlawful to sell fireworks at retail in the City at any time except during the term provided for seasonal retail licenses.

Seasonal Retailer Licensing Requirements And Procedure.

Mandatory meeting. All seasonal retailers are required to attend the yearly pre-application meeting to be held on the second (2nd) Wednesday of March. Applications for seasonal retailer licenses will not be accepted if the applicant did not attend the mandatory pre-application meeting. Notification of the date, time and location of the mandatory meeting shall be posted at Riverside City Hall sixty (60) days prior to the meeting date.

Application period. The City will begin accepting applications on April first (1st) of each year. For each license requested, a complete application, all necessary supporting documents and the license fee for the license must be received by the City on or before April fifteenth (15th).

Separate license required. Each seasonal retailer must obtain a separate occupational license for each physical sale location.

Application made by both seasonal retailer and landowner. Both the seasonal retailer and the landowner (if different persons) must execute the license application for each sale location.

To verify ownership of the property to be licensed, a license application must include a copy of the paid real estate tax receipt for the proposed sale location property for the prior year. If the property has been transferred since the date of the tax receipt, a certified copy of the deed of conveyance must also be submitted.

Proof of insurance required. The seasonal retailer and landowner must submit proof of hazard insurance in the amount of at least one million dollars ($1,000,000.00) per occurrence and a two million dollar ($2,000,000.00) aggregate limit, naming the City as an additional insured and covering occurrences during the term of the insurance. The amount of insurance shall not be subject to possible reduction below the minimum under an aggregate limit which includes occurrences at locations not operated by the seasonal retailer. The seasonal retailer and landowner must also execute an indemnity, on the form provided by the City, indemnifying the City and its employees from all claims and losses.

Proposed parking plan required. A parking plan specifying how the seasonal retailer will comply with the requirements of Subsection (Q) of this Section must be submitted with the license application.

Seasonal retailer license fee. The fee for a seasonal retailer license shall be one thousand five hundred dollars ($1,500.00) per license.

Number Of Wholesale Licenses And Wholesale License Fees. There shall be no wholesale licenses issued by the City, provided however, that any wholesale license issued by the City prior to May 31, 2007, may be renewed annually by the same person holding the license for sales at the same location, subject to compliance with all requirements of the Municipal Code in effect on the date of each renewal. The annual fee for renewal of an occupational license to sell fireworks at wholesale shall be one thousand five hundred dollars ($1,500.00) and such wholesale license shall authorize the holder thereof to sell fireworks also at retail at the same location during, but only during, the fireworks season and in compliance with the provisions of this Section applicable to seasonal retailer sales.

Jobber Licenses. There shall be no jobber licenses issued by the City.

Distributor Licenses. There shall be no distributor licenses issued by the City.

Manufacturer Licenses. There shall be no manufacturer licenses issued by the City.

Compliance With Laws And Ordinances Required.

It shall be unlawful for any person to sell any fireworks at any location within a district zoned or dedicated for residential or agricultural use, including any residential planned districts.

It shall be unlawful for any person to manufacture or sell any fireworks without a valid sales tax number.

It shall be unlawful to manufacture or sell any fireworks or to ship or cause to be shipped into the City, except as herein provided, any item of fireworks without complying with all applicable ordinances of the City, laws of the State of Missouri and laws and regulations of the United States.

Unlawful Sale.

It shall be unlawful for any person to sell any explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation that are not classified as fireworks, UNO336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time.

It shall be unlawful for any person to engage in the business of making sales of fireworks to non-licensed buyers, regardless of where such fireworks are to be used, except for retail sales by a licensed seasonal retailer during the fireworks season.

It shall be unlawful for any person to sell, give away or otherwise distribute fireworks to any person who is less than fourteen (14) years of age except when such child is in the presence of a parent or guardian.

It is unlawful for any person under the age of sixteen (16) to sell, give away or otherwise distribute fireworks or work in a facility where fireworks are stored, sold, distributed or offered for sale unless supervised by an adult.

It shall be unlawful for any person to sell at retail or give away the type of fireworks commonly called "bottle rockets" (as defined in this Section).

It shall be unlawful for any person to sell at wholesale the type of fireworks commonly called "bottle rockets" (as defined in this Section) except for sales made by a person holding a valid wholesale license issued by the City made to another person holding a valid seasonal retailer license within the State of Missouri.

Sales Structures Limited. It shall be unlawful for any person to sell fireworks from a car or truck or in any other manner except from a permanent structure or a stand duly licensed to sell fireworks. A holder of a wholesaler's license shall be required to operate out of a permanent structure in compliance with all applicable building and fire regulations of the City.

Storage And Display Of Fireworks. Storage of fireworks at any time of year shall be in compliance with State law including, but not limited to, identification and labeling of and accessibility to storage facilities.

It is unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed, except where the fireworks are in the original package.

All fireworks which the public may examine shall be kept for sale in original packages, except where an attendant is on duty at all times where such fireworks are offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty.

One (1) or more signs reading "Fireworks — No Smoking" shall be displayed at all places where fireworks are stored or sold in letters not less than four (4) inches in height.

Fireworks shall not be manufactured, stored, kept or sold within fifty (50) feet of any motor vehicle fuel dispensing station dispenser, retail propane dispensing station dispenser, compressed natural gas dispensing station dispenser, gasoline or propane bulk station, or any building in which gasoline or volatile liquids are sold in quantities in excess of one (1) gallon. The provisions of this Subparagraph shall not apply to stores where cleaners, paints, and oils are sold in the original containers to consumers.

Open Flames Prohibited. It shall be unlawful to permit the presence of lighted cigars, cigarettes, pipes, or any other open flame within fifty (50) feet of where fireworks are manufactured, stored, kept, or offered for sale.

[Ord. No. 1325 §1, 6-3-2014]

Removal Of Stands — Bond Required. All temporarily licensed stands and signs shall be completely removed, and the site where such stand was erected shall be cleared of all debris and trash within three (3) days after expiration of the term for retail sales of fireworks. All applicants for a license who intended to sell fireworks from such a stand shall furnish a cash performance bond with their application to the City Clerk. Such bond shall be payable to the City and in the face amount of one thousand dollars ($1,000.00).

Forfeiture of bond. If any person who obtains a license to sell fireworks at retail shall fail to comply with any provision of this Section, then the cash bond provided for in this Subsection hereof shall be forfeited to the City.

Sign Limits. Any and all signs erected or used in the connection with the sale of fireworks shall be governed by Chapter 400, Article VIII "Signs" of the Municipal Code of the City of Riverside.

Off-Street Parking.

Every seasonal retailer selling fireworks within the City shall provide a minimum of twenty (20) parking spaces per location which shall be contiguous to the stand and shall be hard surface pavement and shall otherwise comply in full with Section 400.500 of this Municipal Code of the City.

If one (1) or more required parking spaces proposed in a seasonal retailer license application are to be on an adjoining tract of land, the owner(s) of that tract must also join in the license application.

Security Requirements. Any seasonal retailer that chooses to hire a security guard or otherwise permits or allows a person to hold himself/herself out as a security guard, such as by the wearing of a badge, or clothing with words "Security" or "Security Officer," or verbally representing to the public that he or she is a security guard, shall ensure that the guard meets one (1) of the following qualifications:

[Ord. No. 1520 § 1, 3-7-2017; Ord. No. 1760, 1-5-2021]

The security guard is an off-duty Police Officer employed by the City or an off-duty deputy with the Platte County Sheriff's Department; or

The security guard is a private security guard properly and validly licensed pursuant to Chapter 228 of the Municipal Code of the City.

Any violation of this Section is punishable as provided in Section 100.240.

Revocation Of License — When — Manner.

[Ord. No. 1325 §2, 6-3-2014]

The Director of Community Development (to also include his designee), may issue a notice of intent to revoke a license issued under this Section of any person for cause. Such notice of intent shall specify the reasons for the intended revocation and provide for a hearing (stating the hearing's date, time, and place) for the licensee to be heard. Such hearing will be scheduled as reasonably prompt as circumstances allow, taking into account the brevity of the fireworks season. Upon conclusion of the hearing, the Director of Community Development may issue a revocation order if he determines that there is cause, or he may rescind the notice of intent to revoke if he determines that there is not cause. If a revocation order is issued, it shall become effective upon service to the licensee or his or her agents or employees working at the licensee's stand. Alternatively, a revocation order may provide for a delayed effective date or time and may provide the conditions under which reinstatement of the license may be obtained or upon which the revocation order may be rescinded.

At the hearing, testimony of witnesses and other evidence pertinent to the inquiry may be taken, and all proceedings in such hearings shall be recorded, provided that all witnesses shall be sworn.

The Director of Community Development shall issue a final written decision, which may be appealed to the Platte County Circuit Court according to law.

Within twenty-four (24) hours of the Director of Community Development's revocation order, the license holder shall remove all fireworks product from the stand. Within seventy-two (72) hours of the Director of Community Development's revocation order, the license holder shall remove the stand.

A license may be revoked for any of the following reasons:

Violating any of the provisions of either this Chapter, the Revised Statutes of Missouri, or any other ordinance of the City;

The license held by such person was obtained through materially false statements in the application for such license, or renewal thereof.