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HomeMy WebLinkAbout1991-29 - Amendments to Section 12.7 of the Municipal CodeBZLL N0. 9 -~ ORDINANCE N0. q/~oZ 9 AN ORDINANCE REPEALING SECTION 12.7 OF THE CODE OF ORDINANCES OF THE CITY OF RIVERSIDE, MISSOURI AND ENACTING IN LIEU THEREOF A NEW SECTION 12.7 REGULATING THE SALE OF FIREWORKS WITHIN THE CITY OF RIVERSIDE, MISSOURI AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: ARTICLE I. Section 12.7 of the Code of Ordinances of Riverside, Missouri, is hereby repealed. ARTICLE II. A new Section 12.7 of the Code of Ordinances of Riverside, Missouri, is hereby enacted and shall read as follows: "12.7 SALE OF FIREWORKS AND FIREWORKS OCCUPATIONAL LICENSE Section 1. DEFINITIONS: For the purposes of this ordinance the following words and their derivations shall have the meaning 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. A. "City" shall mean the City of Riverside, Missouri. B. "Fireworks" shall mean any substances, articles, or objects which are now or may hereafter be classified as "common fireworks" by the Interstate Commerce Commission and are labeled with the Interstate Commerce Commission Class C label. C. "Person" shall mean any person, partnership, firm, association or corporation. D. 'Sell" shall mean both the act of selling and offering for sale, and shall include giving away for no consideration by the retailer or wholesaler. E. "Stand" shall mean any non-permanent structure or tent which is used solely for the purpose of selling fireworks. Section 2. LICENSE REQUIRED. It shall be unlawful for any person to sell any fireworks within the City limits unless such person shall have first obtained from the City Collector an occupational license for the sale of such fireworks and shall have paid to the City Collector the fee prescribed herein. Section 3. COMPLIANCE WITH LAWS AND ORDIANANCES REQUIRED: It shall be unlawful for any person to sell any fireworks at any location which is not zoned either commercial or industrial under the zoning code of the City. It shall be unlawful for any person to sell any fireworks without a valid sales tax number. It shall be unlawful to sell any fireworks without complying with all applicable ordinances of the City, laws of the State of Missouri, and laws and regulations of the United States. Section 4. UNLAWFUL SALE: It shall be unlawful for any person to sell any fireworks which are not approved and labeled as Class C fireworks by the Interstate Commerce Commission. Section 5. 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 building or a temporarily licensed stand. Section 6. 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 3 days after expiration of the term for retail sales of fireworks. All applicants for a license who intend to sell fireworks from such a stand shall furnish a cash performance bond with their application to the City Collector. Such bond shall be payable to the City and in the face amount of $1,000.00. Section 7. FORFEITURE OF BOND: If any person who obtains a license to sell fireworks at retail shall fail to comply with any provision of this ordinance, then the cash bond provided for in Section 6 hereof shall be forfeited to the City. Section 8. LICENSE TERM: The term of all licenses authorizing retail sales of fireworks shall commence at 12:01 a.m. on June 20 and expire at midnight on July 5. It shall be unlawful to sell fireworks at retail in the City at any other time. Section 9. NUMBER OF WHOLESALE LICENSES AND LICENSE FEES: The annual fee for an occupational license to sell fireworks at wholesale shall be $1,000.00 and such wholesale license shall authorize the holder thereof to sell fireworks also at retail at the same location in compliance with the provisions of this ordinance applicable to retail sales. No more than two (2) occupational licenses to sell fireworks at wholesale shall be issued by the City for any year. Section 10. SALES TO CERTAIN PERSONS PROHIB"I TED: It shall be unlawful for any person to sell bottle rockets to any person who is less than sixteen (16) years of age or to sell fireworks to any person who is less than fourteen (14) years of age. Section 11. CERTAIN SALES OF BOTTLE ROCKETS PROHIBITED: It shall be unlawful for any person to sell the type of fireworks commonly called "bottle rockets" in any quantity less than one unbroken package of 144 bottle rockets. Section 12. SIGNS LIMITED: It shall be unlawful for any person selling fireworks within the City to display more than one sign advertising the sale of fireworks; provided, such sign may contain advertising on both of its two sides; provided further, persons licensed to sell fireworks at both retail and wholesale may, during the period when retail sales are permitted, display one such sign in addition to such licensee's permanent, approved sign advertising wholesale sales. All such advertising signs shall be neatly and professionally hand lettered or painted. Section 13. PENALTIES: Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined a sum of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the City jail not to exceed 90 days or by both such fine and imprisonment and costs. Section 14. SEVERABILITY: Should any section, sentence or clause of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance, which shall remain in full force and effect. Because of the necessity of a vote by the citizens of any fee increase, should said fee increase not be approved by the voters, then the fees shall be the same as that fee previously set by the Board of Aldermen and the validity of the remaining portions of this ordinance shall not be affected thereby." ARITCLE III. The City Clerk is directed to make the requisite changes in the City Code book. PASSED THIS ~/~ DAY OF , 19~. -[-~.ti t ~.~/ MAYOR ATTEST: /n,,,/ c G~C.GLGC/ CITY CLERK APPROVED THIS c~(~3~Y DAY OF , 19~. MAYOR