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HomeMy WebLinkAbout2004-036 - Amendment to Section 605.320 of the Municipal Code~~ - BILL N0.2004-36 ORDINANCE N0.2004-36 AN ORDINANCE AMENDING TITLE VI, CHAPTER 605 OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI, BY REVISING AND RESTATING SECTION 605.320, REGARDING THE SALE OF FIREWORKS AND FIREWORKS OCCUPATIONAL LICENSES WHEREAS, the City of Riverside, Missouri (the "City") has in place regulations addressing the sale of fireworks within the City and the requirements for obtaining and maintaining an occupational license for the sale of fireworks; and WHEREAS, the City and its staff have conducted a comprehensive review of the City's Municipal Code (the "Code's sections regazding the sale of fireworks and the business licenses related thereto, and has determined that certain of such provisions must be clarified so as to allow for greater ease of use, uniformity and simplicity ;and WHEREAS, the City staff and the Boazd of Aldermen have reviewed, examined and deemed adoption of the amended and restated Code provisions regazding the sale of fireworks to be advisable and in the City's best interests for the promotion of the health, safety and welfaze of the residents of the City; and NOW, THERFORE, be it ordained by the Boazd of Aldermen of the City of Riverside, Missouri, as follows: Section 1. Section 605.320 of the Municipal Code of the City of Riverside, Missouri is hereby deleted in its entirety and shall be replaced by following, and shall hereafter read 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 singulaz number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely precatory. 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, deflagration, or detonation. This term includes aerial devices containing no more than two (2) grains (one hundred thirty (130) mg) of explosive composition or ground devices containing no more than fifty (50) mg of explosive composition, all of which aze classified as Class C explosives by regulation of the United States Department of Transportation. .,. .r ,.. * ~ n ~. .. T 0 ii 3 IC' . `. 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 may be 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 or sell 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 manufacturer, distributor, wholesaler, jobber or seasonal retailer for the sale of such fireworks from and shall have paid to the City Clerk the fee prescribed herein. C. Compliance With Laws And Ordinances Required. 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. It shall be unlawful for any person to manufacture or sell any fireworks without a valid sales tax number. 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. 2 D. Unlawful Sale. It shall be unlawful for any person to sell any explosive devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation which aze not approved and labeled as Class C fireworks by the Interstate Commerce Commission. E. Sales Structures Limited. It shall be unlawful for any person to sell fireworks from a caz or truck or in any other manner except from a permanent structure or a stand duly licensed to sell fireworks. A holder of a jobber's permit shall be required to operate out of a permanent structure in compliance with all applicable building regulations of the City. F. Storage And Display Of Fireworks. Storage of fireworks at any time of yeaz shall be in compliance with State law including, but not limited to, identification and labeling of and accessibility to storage facilities. It is unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed, except where the fireworks are in the original package. 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 aze offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty. One (1) or more signs reading "Fireworks--No Smoking" shall be displayed at all places where fireworks aze stored or sold in letters not less than four (4) inches in height. 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. G. Open Flames Prohibited. It is unlawful to permit the presence of lighted cigars, cigazettes, pipes, or any other open flame within ten (10) feet of the place where fireworks aze offered for sale. H. 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 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). I. 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 Subsection (H) hereof shall be forfeited to the City. J. License Term. All licenses except for seasonal retailers shall be for the calendaz yeaz 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 not authorized pursuant to the applicable license. K. Fireworks Stand Categories and License Fees. 1. Fireworks Stand (Less than two thousand (2,000) squaze feet): $500.00 2. Fireworks Stand (More than two thousand (2,000) squaze feet): $1,000.00 3 ,~ .~ ,.. * ~ n r., .. i 0 ~i T IT' `~: ~r 3. Fireworks Stand (Non-profit with less than three hundred (300) square feet): $100.00 L. Number Of Wholesale Licenses And Wholesale License Fees. No more than two (2) occupational licenses to sell fireworks at wholesale shall be issued by the City for any year. The annual fee for an occupational license to sell fireworks at wholesale shall be one thousand dollars ($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 Section applicable to retail sales. M. Sales By Jobbers. Any and all sales by jobbers during any period of time other than the fireworks season shall be to non-residents of Missouri, or to residents of Missouri only after a reasonable inquiry by the jobber and indication by the buyer that the fireworks are for use outside of Missouri if the sale is a retail transaction. N. Sales To Certain Persons Prohibited. 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 except when such child is in the presence of a parent or guardian. O. Sales By Certain Persons Prohibited. It is unlawful for any person under the age of sixteen (16) to sell fireworks or work in a facility where fireworks are stored, sold, or offered for sale unless supervised by an adult. P. 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 (1) unbroken package of one hundred forty-four (144) bottle rockets. Q. Sign Limits. 1. It shall be unlawful for any person selling fireworks within the City to display more than one (1) sign advertising the sale of fireworks; provided, such sign may contain advertising on both of its two (2) sides; provided further, persons licensed to sell fireworks at both retail and wholesale may, during the period when retail sales are permitted, display one (1) 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. 2. Any and all signs erected or used in connection with the sale of fireworks and pursuant to this subsection Q shall be in compliance with and subject to the following: (a) Section 430.040, subsections A and B, of this Code, which, among other things, prohibit attention-attracting devices, fluttering signs and animated signs. (b) Section 430.180, subsections 1, 2, 3, 4, 7, 8 and 9, of this Code, which among other things, state that no sign shall be located within the City, State or Federal road easements, and that no sign shall be attached to utility poles or other appurtenances which exist within public street or road easements. 4 .r -r ... * 1 n ~. .. i' I ~1 3 11' .., ~., (c) Section 430.200, subsections 1, 2 and 3, of this Code, which, among other things, state that the fees for processing a sign permit application and sign inspection shall be twenty-five dollars ($25.00). R. Off-Street Parking. Every person selling fireworks within the City shall provide a minimum of fifteen (15) parking spaces, which shall be contiguous to the stand and shall be hard surface pavement, and shall otherwise comply in full with Section 420.020.D.2 of this Code. S. 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. Section 2. The provisions of the Municipal Code of the City of Riverside, Missouri revised 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. 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 /oJ ~ day of , 2004. Mayor 5 .,..~ ., , * 1 n c. , , i 1 iT T fi'