As used in this Article, the following terms shall have these
prescribed meanings:
Explosive devices designed primarily to produce visible or
audible effects by combustion and includes aerial devices and ground
devices, all of which are classified as fireworks, UNO336, 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.
The period beginning on the twentieth (20th) day of June
and continuing through the tenth (10th) 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 consumer fireworks.
An exchange of articles of fireworks for money, including
barter, exchange, gift or offer thereof; and each such transaction
made by any person, whether as a principal proprietor, salesman, agent,
association, co-partnership or one (1) or more individuals.
Any person within the State of Missouri engaged in the business
of making sales of consumer fireworks in Missouri only during a fireworks
season as defined in this Section.
A.
Seasonal
retailers engaged in the sale of consumer fireworks in the City of
Eldon may only conduct such sales during the fireworks season and
shall possess a merchant's license, upon which there shall be noted
permission to sell fireworks under this Section.
B.
The
State Fire Marshal and the Marshal's deputies may conduct inspections
of any premises and all portions of buildings where fireworks are
stored, manufactured, kept or being offered for sale. All persons
selling, offering for sale, barter, gift, exchange, or offer thereof
any fireworks shall cooperate fully with the State Fire Marshal and
the Marshal's deputies during any such inspection. This inspection
shall be performed during normal business hours.
C.
Any
person applying for a license to operate hereunder as a seasonal retailer
of consumer fireworks in the City of Eldon shall furnish the City
Clerk with the location of the proposed establishment and will, upon
granting of a license to operate hereunder, adhere to this Section.
D.
Such
merchant's license rendered by the City of Eldon will be conditional
upon approval of the seasonal retailer application to sell fireworks
from the Missouri State Fire Marshal.
E.
Failure
to comply with this Section in selling fireworks without a merchant's
license to do so, shall subject the seller to a fine of not less than
ten dollars ($10.00) nor more than fifty dollars ($50.00) per day.
F.
All
applicants shall comply with State and local laws and regulations
regarding the sale of fireworks.
G.
One
(1) or more signs reading "Fireworks — No Smoking" shall be
displayed at all places where fireworks are stored or sold, in lettering
not less than four (4) inches in height. Additionally, sufficient
exits shall be provided and so indicated with "EXIT" signs.
H.
One
(1) fire extinguisher shall be provided within every fifty (50) feet
of walking distances. The minimum weight for each fire extinguisher
must be ten (10) pounds, and each fire extinguisher must have certification
that it has been recharged within the preceding twelve (12) months.
All fire extinguishers must be clearly visible. A minimum of two (2)
fire extinguishers must be provided inside the stand or tent and at
least one (1) fire extinguisher must be provided at each entrance
and exit. All fire extinguishers must be rated Class A, B, and C.
All employees shall be adequately trained in the use of fire extinguishers.
Water barrels and buckets may be used in addition to the required
number of fire extinguishers.
I.
Fireworks
stands or tents must be located a minimum of two hundred (200) feet
from gasoline storage tanks, gasoline pumps, or any structure or areas
that contain flammable materials. No fireworks to be discharged within
two hundred (200) feet of tent or stand.
J.
No
person or fireworks stand will be allowed within any street right-of-way
flagging or directing traffic. No interference with the flow of traffic
near the site of the fireworks stand or tent will be permitted.
K.
An
Eldon merchant's license and temporary use permit will be required
for any seasonal retailer engaged in the sale of consumer fireworks
under this Section.
L.
The
following fees have been established: Fifty dollars ($50.00) for a
temporary use permit per stand or tent regardless of the square footage
of said stand or tent; thirty-five dollars ($35.00) for an Eldon merchant's
license; fifteen dollars ($15.00) for an inspection by the Eldon Fire
Department. All fees must be paid by cashier's check to the City of
Eldon. Such fees must accompany the application. A full refund will
be made in the event a permit is not granted. If a permit is granted,
no fees or portion thereof will be refunded.
M.
A
certificate of insurance showing specific coverage levels and showing
the City of Eldon as additionally insured shall be provided by the
applicant at the time the fees are paid and shall be as follows:
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Injury including death
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$1,000,000.00 one (1) person
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|---|---|---|
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$2,000,000.00 more than one (1) person
| |
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Property damage
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$1,000,000.00 each occurrence
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$1,000,000.00 aggregate.
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N.
Fireworks
stand or tent owners must contact the Fire Protection District or
volunteer Fire Department in which the stand or tent is located regarding
payment of any local fees and/or regulations so applicable.
O.
If
any fireworks stand or tent operator is cited for violating any of
these regulations and fails to correct said violations within forty-eight
(48) hours, the operator will have to close said tent or stand until
the violations are corrected.
P.
All
permits must be placed in plain view of the public.
Q.
At
least one (1) adult must be present at the location while open for
business and at least one (1) adult night watchman shall be on site
during the hours that the location is closed.
The Mayor is hereby authorized to issue permits in writing to
civic or public organizations, fair or other associations or clubs
or the officials of such for pyrotechnical displays, provided the
Mayor is satisfied that the public safety will not be endangered by
such display. The application for such permit shall be made in writing
and shall specify the time, place and the type of display contemplated;
and the Mayor shall have the power to impose such restrictions or
regulations as he/she may deem necessary to promote the public safety
and shall specify in the permit the time, place and any regulations
or restrictions that may be imposed by him/her.
Citizens residing within the corporate limits of the City of
Eldon, Missouri, may have small displays at their residence limited
to non-aerial displays with no sound report such as sparklers, fountains,
snakes, etc. These displays will be permitted on July 3 and July 4
only.
