City of Mendota, IL Chapter 162 Fireworks

[HISTORY: Adopted by the City Council of the City of Mendota as Ch. 31, § 31.24, of the 1998 Code; amended in its entirety by Ord. No. 08-18-08A. Subsequent amendments noted where applicable.]

§ 162-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CONSUMER DISTRIBUTOR

Any person who distributes, offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois to another distributor or directly to any retailer or person for resale.

CONSUMER FIREWORKS

Those fireworks that must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Products Safety Commission, as set forth in 16 CFR Parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 CFR 172.101. Consumer fireworks shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers," "booby traps," "snappers," "trick matches," "cigarette loads," and "auto burglar alarms"; sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing 0.25 grain or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than 0.20 grain of explosive mixture, the sale and use of which shall be permitted at all times.

CONSUMER RETAILER

Any person who offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois directly to any person with a consumer display permit.

PERSON

An individual, firm, corporation, association, partnership, company, consortium, joint venture, or commercial entity.

UNREGULATED NOVELTY FIREWORKS

Those fireworks that are listed by the Illinois Office of the State Fire Marshal that include devices in which paper or plastic caps containing 0.25 grain or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than 0.20 grain of explosive mixture.

§ 162-2 Proof of required permits and licenses; inspection of sales locations.

A. Prior to distributing, selling, transferring or providing free of charge any fireworks, consumer distributors and consumer retailers shall require of an individual proof that he/she has been issued any and all State of Illinois required permits and/or licenses.

B. All sales locations shall be inspected by the Fire Chief of Mendota or his/her assignee.

§ 162-3 Permit application; fee. [1]

Applications shall be obtained from the City Clerk's office. A monthly fee as set from time to time by the City Council, along with proof of insurance, State of Illinois issued permits/licenses and the Illinois Tax Identification (IBT) number, shall be submitted at least 15 days prior to the opening of a sales location or such a time frame that allows placement on the next regular City Council agenda. All permits must be approved by the Mendota City Council.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 162-4 Permitted sales.

Only those fireworks approved by the Illinois State Fire Marshal as unregulated novelty fireworks shall be permitted. This list is updated as new items are submitted to the State Fire Marshal's Office. The applying retailer/distributor shall be responsible to confirm that all products for sale, transfer, distribution or providing free of charge are approved by the State Fire Marshal's Office.