HomeMy WebLinkAbout2007-060 - Amendment of Section 605.320: "Sale of Fireworks and Fireworks Occupation License"• 'a. - ,
BILL N0.2007-60 ORDINANCE N0.2007-60
AN ORDINANCE AMENDING SECTION 605.320: "SALE OF FIREWORKS
AND FIREWORKS OCCUPATION LICENSE"
WHEREAS, the City of Riverside, Missouri (the "City") and its staff have
conducted a comprehensive review of the City's Municipal Code (the "Code") sections
regarding licensing of fireworks ;and
WHEREAS, the City staff and the Board of Aldermen have reviewed, examined
and deemed adoption of the amendments to be advisable and in the City's best interests
for the promotion of the health, safety and welfare of the residents of the City.
NOW, THERFORE, be it ordained by the Board of Aldermen of the City of
Riverside, Missouri, as follows:
Section 1: Riverside Municipal Code Section 605.320 "Sale of Fireworks and
Fireworks License" shall be amended as follows:
SECTION 605.320: SALE OF FIREWORKS AND FIREWORKS
OCCUPATIONAL LICENSE
A. 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:
1. A casing size of less than three-eighths (E) of an inch for the outside diameter and
less than two and one-half inches (2%) in length; and
2. 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
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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
maybe 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
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.
B. 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.
C. 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.
D. Seasonal Retailer Licensing Requirements And Procedure. The following licensing
requirements and procedure will apply to those persons applying for an occupational
license as a seasonal retailer:
1. 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).
2. Separate license required. Each seasonal retailer must obtain a separate
occupational license for each physical sale location.
3. 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.
a. 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.
4. 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 occur ence 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.
5. 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.
6. Seasonal retailer license fee. The fee for a seasonal retailer license shall be one
thousand five hundred dollars ($1,500.00) per license.
E. 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, maybe 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.
F. Jobber Licenses. There shall be no jobber licenses issued by the City.
G. Distributor Licenses. There shall be no distributor licenses issued by the City.
H. Manufacturer Licenses. There shall be no manufacturer licenses issued by the City.
I. Compliance With Other Laws And Ordinances Required.
1. 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.
2. It shall be unlawful for any person to manufacture or sell any fireworks without a
valid sales tax number.
3. 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.
1. It shall be unlawfizl 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.
2. It shall be unlawfizl 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.
3. 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.
4. 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.
5. 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).
6. 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.
K. 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.
L. 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.
1. It is unlawful to expose fireworks to direct sunlight through glass to the
merchandise displayed, except where the fireworks are in the original package.
2. 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.
3. 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.
4. Fireworks shall not be stored, kept or sold within fifty (50) feet of any area in
which volatile liquids or gases are stored above the surface of the ground.
M. Open Flames Prohibited. It is unlawful to permit the presence of lighted cigars,
cigarettes, pipes, or any other open flame within ten (10) feet of the place where
fireworks are offered for sale.
N. Removal Of Stands--Bond Reguired. 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).
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1. 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.
O. Sign Limits.
1. Any and all signs erected or used in the connection with the sale of fireworks
shall be governed by Article VIII "Signs" of the Municipal Code of the City of Riverside.
P. Off-Street Parking.
1. 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.
2. 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.
Q. Security Requirements. Any seasonal retailer that chooses to hire a security guard
or guards shall ensure that guard(s) meet(s) one (1) of the following qualifications:
1. The security guard is an off-duty public safety officer employed by the City or an
off-duty deputy with the Platte County Sheriff s Department; or
2. The security guard is a private security guard properly and validly licensed
pursuant to Chapter 228 of the Municipal Code of the City.
R. Penalties. Any person who violates any provision of this Section 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 ninety (90) days, or by both such fine and
imprisonment and costs. (CC 1971 §12.7; Ord. No. 91-29 §§1--13, 5-21-91; Ord. No.
99-36 §1, 5-4-99; Ord. No. 99-40 §1, 5-18-99; Ord. No. 2004-36 §1, 4-13-04; Ord. No.
2006-06 §2, 1-17-06; Ord. No. 2006-26 §1, 3-7-06)
Section 2. The provisions of the Municipal Code of the City of Riverside, Missouri
amended herein shall not be construed to revive any former ordinance, clause or
provision of the Municipal Code of the City of Riverside, Missouri.
Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are
severable and if any portion of the Ordinance is declared unlawful by the valid judgment,
decree, or injunction order of a court of competent jurisdiction, such ruling shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the
Ordinance and all provisions of the Ordinance not specifically declared to be unlawful
shall remain in full force and effect.
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Section 4. This Ordinance overrides any conflicting provision or regulation within
the Municipal Code of the City of Riverside, Missouri.
Section 5. This Ordinance shall take effect immediately.
Passed this ~~ay of June 2007.
D
Mayor Kathleen L. Rose
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ty Clerk