[Ord. No. 2010-02 §§1
— 9, 3-8-2010]
A.
This
Article provides for the issuance of permits for the sale of fireworks
on a temporary basis (a "temporary fireworks permit") or on a permanent
basis (a "permanent fireworks permit"). There shall be no more than
three (3) temporary fireworks permits and no more than three (3) permanent
fireworks permits issued by the City of Laurie at any one time, with
a limit of one (1) permit per person or entity. Said permits are non
assignable.
B.
Fireworks.
1.
It shall be unlawful for any person to sell or offer for sale within
the limits of the City of Laurie any fireworks, rockets, torpedoes,
roman candles or other types of fireworks or substance for display
purpose or for personal use, as authorized by State law, except by
permit as hereinafter provided. Any such person or persons selling
or offering for sale any such items set forth herein shall be required
to obtain a permit therefore from the City Clerk prior to making any
such sales. The permit herein required shall be in such form as may
be adopted by the Board of Aldermen and one (1) copy thereof shall
be kept on file in the Office of the City Clerk.
2.
Such applicants shall further be required to furnish proof of liability
insurance to the City Clerk upon application for the permit in the
amount of one million dollars ($1,000,000.00) coverage per occurrence
with the City of Laurie listed as an additional insured.
C.
Applications For A Permanent Fireworks Permit. No permit
shall be issued unless a written application for the issuance of said
permit is submitted in accordance with the requirements for the issuance
of merchants' license Ord. Nos. 2003-11, 2005-10, 2005-11 and 2005-13.
Said permit shall be issued only to the owner of the permanent structure
or a person with a valid lease for a permanent structure six (6) months
in duration or longer from the date of application. A permanent fireworks
permit may be issued for the sale of fireworks only where business
activities selling fireworks are carried on for at least six (6) consecutive
months each calendar year. The written application shall state the
name and address of the applicant, the location of the permanent structure
for the sale of fireworks, in accordance with the City of Laurie's
Planning and Zoning, and shall be accompanied by proof of ownership
of property, sales tax number, a "no tax due" letter from the Missouri
Department of Revenue and a valid State license for the sale of fireworks
issued by the State of Missouri. For the purpose of this Article,
a "permanent structure" is defined as a permanent
building on a permanent foundation.
D.
Location. The location of any permanent or temporary structure
wherein fireworks shall be sold must be in compliance with State law
and specifically shall not be located within fifty (50) feet of any
gasoline pumps, gasoline storage tanks or incinerators.
E.
Temporary Fireworks Permit. A temporary fireworks permit
may be issued for the sale of fireworks where business activities
selling fireworks are carried on for less than six (6) consecutive
months each calendar year. Such activities may be operated from a
permanent structure or from a temporary structure, including tents,
trailers and other moveable structures, provided they meet the other
requirements of this Article and subject to the following conditions.
1.
It shall be unlawful for any person to sell or offer for sale from
a temporary fireworks stand within the limits of the City of Laurie,
any firecrackers, rockets, torpedoes, roman candles or other type
of fireworks or substance for display purpose or for personal use,
all as authorized by State law, except from June twentieth (20th)
to July tenth (10th) of each year.
2.
Any such person or persons selling or offering for sale any such
items during the dates set forth herein shall be required to obtain
a permit from the City Clerk.
3.
Said permits shall be issued only to:
a.
Laurie residents who have been full time residents for at least six
(6) consecutive months immediately prior to submitting the application;
b.
Business owners with a merchant's license issued by the City of Laurie
and operating within the City limits for at least six (6) consecutive
months immediately prior to submitting the application; or
c.
Not-for-profit organizations existing within the City limits for
at least six (6) consecutive months immediately prior to submitting
the application.
4.
Said permits shall not be assigned, leased or in any way transferred.
The permit holder is responsible for and must be the actual operator
of the stand. The permit holder is responsible for any and all employees
or volunteers working at the fireworks stand. Only one (1) fireworks
stand may be operated with each permit.
5.
All sales of fireworks permitted under this Article, inventory storage
or other activity connected with the operation of the fireworks stand,
except sleeping quarters for on-site personnel operating the stand,
must be conducted in the one (1) authorized fireworks stand. This
Article does not preclude the sale of non-fireworks related products
from the stand or elsewhere on the property in conformance with any
other applicable State laws or City ordinances.
6.
All applicants shall further be required to furnish a copy of proof
of liability insurance to the City Clerk upon application for the
permit, said liability insurance to be in the minimum amount of one
million dollars ($1,000,000.00) coverage per occurrence with the City
of Laurie being named as additional insured.
F.
Applications For Temporary Fireworks Permits. No permit
shall be issued unless a written application for the issuance of said
permit is submitted to the Clerk no earlier than March fifteenth (15th)
and not later than April first (1st) of each year for which a permit
is requested. The written application shall state the name and address
of the applicant, the location of the fireworks booth or stand, the
dates such permits shall remain effective, and shall be accompanied
by a copy of sales tax number, "no tax due" letter from the Missouri
Department of Revenue and a copy of a valid State license for retail
sale of fireworks from the State of Missouri.
G.
Temporary Fireworks Permit Fee. A permit fee of fifty dollars
($50.00) shall be paid to the City Clerk and shall accompany the application.
Fee shall be deposited in the General Fund.
H.
Previous Permits. The provisions of Section (E)(3) notwithstanding,
those persons, businesses or not-for-profit organizations who have
held permits issued by the City of Laurie in any of the three (3)
previous years from the date of enactment of this Article shall be
allowed to retain one (1) permit only upon written application for
the permit.
I.
Penalty. Any person or persons violating any of the provisions
of this Article, upon finding guilt shall be punished by a fine of
not more than five hundred dollars ($500.00) or by imprisonment of
not more than ninety (90) days, or by both such fine and imprisonment.
Each day in which any such violation shall continue shall be deemed
a separate offense.
