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HomeMy WebLinkAbout1999 - 36 - Amendment to Section 605.320 of the Municipal CodeBILL NO. 99-36 ORDINANCE NO.99-36 AN ORDLrANCE .~titEtiD1NG SECTION 605.320 OF THE CITY CODE, SALES OF FIREWORKS :~tiD FIKE~~~ORKS OCCUPATIONAL LICE\SES" BY INCORPORATL~G STATE LAW' AND EXTENDING THE DURATION OI' CERTAIN FIREWORKS OCCUP:~TIOtiAL LICENSES WHEREAS, the City of Riverside, Missouri ("City")allows the sale of certain fireworks at retail sales; WHEREAS, the State Statutes and Regulations governia~n the sale of fireworks have oee^ recently revised; and WHEREAS, the City desires to incorporate State Statutes and Regulations governing the safe of fireworks and extend the duration of certain fireworks occupational licenses; NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of Riverside, Missouri, as follows: Section 1. Section 605320 of the City Code is hereby amended to read as follows: SECTION 605.320: SALE OF FIREWORKS AND FIREWORKS OCCIIP_#TIONAL LICENSE ,~. Dejinitimts. Fur 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 :he 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 work "shall " is ahvays mandatory and not merely precatory'. CITY: The City of Riverside, Missoun. DISTRIBUTOR:.~ny person engaged in the business of selling fireworks to wholesalers, jobbers, seasonal retailer, other persons, or governmental bodies that possess the necessary pemvts as specified in sections 320.106 to 3'_.0 161, RS~1o., including any person that imports any fireworks of any kind in any manner into the state of Missouri. F(REIVORKS: Explosive devices designed primarily to produce visible or audible effects by combustion. deflagration, or detonation. This term includes atrial devices containtng ne rnore than two grain, (130mgj of explosive composition or ground devices containing ne mere than `0 mg of explosive composition, all of which are classified as class C explosives by regulation of She United States Department of Transportation. FIREbL'ORKS ScA50N: The period beginning on the twentieth day of Lune and continuing through the fifth da}' of 7uiy o: the same ye:u~ and the period beginning on the twentieth day of December and centntuing through the second day of January of the next year, which shall be the only periods of time that seasonal retailers may be permitsed to sell fireworks. JOBBER: Any persor. engaged in the business of makuig sales of fireworks at wholesale or retail, within the state of Missouri to nunlicensed hovers forttse and distribution outside the state uf?vlissuuri during a calendar year from the first day of January through the thirty-first duy of December. .1IANUFACTURLR: Any person engaged in the makinc, manufacture, assembly or construction of fireworks of any kind within the state of ?Missouri. ;'ER;Y1.4rVF_.VT STRUCTCRE: Buildings and structures other than tents. mobile homes and trailers. PERSO:b'. Any person. panne[~hip, firm, association ur eorpuranor,. SEASONAL RE7:11LF_R::any person within the state of Missouri engaged in the business of making sales of fireworks in Missouri during a fireworks season as dcfincd by subdivision (3) cf this section. SF_LL ORSALE: The act of selling, attempt:ng to sell and offering forsale, and shall include exchange, barter and giving away `or no consideration. ST.9;b'D ~ Any non-permanen*. structtre or tentwhich is used soiely torthe purpose of selling firowrorks. s~'HOLF_SALER: Any person enga_ed in the business of making saps of *trrworks to any' other person engaged m the business of making sales of firewcrks at retail within *.he state of Missouri. B. License Required. It shail be unlawful for any person to manufacture orsel] any fireworks within the City linuts or to ship or cause to be shipped into the City, except as herein provided, any item of :7reworks unless such person shall have first obtained from the City Clerk the required applicable occupational license as a manufacturer, distributor, wholesaier~obber or seasonal retailerforthe sale of such r"rrrworks from and shall have paid to Che Ciq~ Clerk the fee prescribed herein. C. Compliance 4b'ith Lucas And Ordircutces Required. It shall be unlawful for any person to sell any firewcrks at any location which is not zoned either commercial or industrial under the Zoning Code or the City. It shay. be unlawful for any person to manufacture or call any fireworks without a valid sales tax numbar. It shall be unlawful to manufacture or sell any fireworks or co ship or cause to be shipped into the Cin, except as herein provided, any item of fireworks without complying with all applicable ordinances of the Ci:y, laws of the State of Missouri, and laws and regulations of the United States. D. tln(awf:cl Sale. It shall be unlawful for any person to sail any explosive devices designed primarily to produce visible craudibleeffects by combustion, detlagaticn,or detonation which are not approved and labeled as Class C fireworks by the Interstate Commerce Commission. E Sutes Szructttres Limited. It shall be unlawful for any person to sell fireworks from a car or truck or in any other manner .xcept from a permanent structure or a stand duly licensed to sell fireworks. A hulderof ajebber's pernut shall be required to operate out of a permanent structure incompliance with all applicable building roe lotions of the City. F. St~roge ctnd Di~pluy of Firen'oc~ks. Storage of fireworks at any time of year shall be incompliance with state law including, but not limited to, identification and labeling of and accessibility to storage facilities. 't a unlawful to expose fireworks to direct sunlight through ~_las's to the merchandise displayed. except where tha fireworlt_s ~'e in ttte original package. All fireworks which the public may cxurmne shall be kept or sale in original packages, except where an attendant is on duty at all times where such fireworks are offered fcr sale. Fireworks shall be kept in showcases out of the reach of the public when an auendant is not vn du[r. One or mare signs reading "FIKFP/ORKS-1yO SMOKING" shall be displayed at all places where fireworks are stored or sn;d in letters not less than four inches in heivht. Fireworks shall not be stored, kept or sold within fifty feet of any araa m which volatile liquids or gases are stored above the surface o[ the ground. G, Open Flames Prol~ivited. [t is unlawful to permit the presence of lighted cigars, cigarettes, pipes, or any other open flame within ten feet of the place where firewurks arc offered for sale. 1-[. Re,mor~al Of Stands-Bond Required. All temporarily licensed stands and signs shall be cumpletely removed, and the site where such stand w as erected shall he cleared of ail debris and [rush, within three (3) days after expiration of the term for retail sales of fireworks. .~11 applicants for a license who intended to sell fireworks from such a stand shall furnish a cash performance bond with their application m the City Clerk. Such bond shall he payable to the City and in the face arr ount of one thousand dollars (~i 1,000.001. L Forieintre of Bond. If any person who obtains a license to sell fireworks at retail shall fail to comply with any provision ofthis- Section. then the cash bond provided for in Subsection (h?) hereof shall be forfeited to the City. ]. License Tenn..41i licenses except for seasonal retailers shall be for the calendar year or any fraction thereof and shall expire en the thirty-first day of December of each year. The term of licenses for seasonal retailers shall constitute the followin¢ two time periods, the first shall commence,at 12:01 a.M. nn June twentieth (20`") and exptre at Midnight on Jaly Ttftt; r 5`^l and the second shall commence at 12:0 i A.LI. on December twentieth (^_0"'1 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. [{. ;Vtunber of Wholesale Licenses turd 6~'ho(esa(e License Fees. No more than two (2) occupational licenses to sell fireworks aC 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 sue h wholesale license shall authonze the holdu thereof to sell fuewotks also at retail at the same location in compliance with the provisions of this Section applicable to retail sales. L. Sales By Jobbars. Any and all sales by jobbers during any period of time other than the fireworks season shall be to nonresidents of Missouri, orto residents of Missouri only aftera reasonable inquiq• by the jobber and indication by [he buyer that the fireworks are :`or use outside of'.~fissouri if the sale is a retail transaction. kl_ Sales Tv Cermin Persons Prohibited. It shall be unlawful fcr any peon to sell bottle rockets to am' person who is less than sixteen (16) years of age or to sell fireworks to any person who is less than fourteen (l4} years of age except when such child is in the presence of a parer.[ or guardian. 3 ~;. Sales by Cerruin Persons Prohibited. It is unlawful for any person under the age of sixteen to sell fireworks or work in a faciliq~ where fireworks are stored, sold, ar offered for sale unless supervised by an aduh O. i'erraln Sales Of Bonie Rackets Prohibited. It sha'1 be unlawful for any persou to sell the type of fireworks commonly cal led "battle rockets"in any quantity less than one(() unbroken package ofone hundred forty-four (1~4} bottle rockets. P. Sign Limits. It shall be unlawful for any person selling fireworks within the City to display more than one (I j sign advertising the sale of fireworks; provided, such sign may contain advertising on both of its two l2) sides; provided further, persons licensed to sell fireworks a[ both retail and wholesale may. during the period when retail sales ara permitted, display one (i) such sign m addition to such licensee's permanent, approved sign advertising wholesale sales. All such adverttsmg signs shat' be nearly and professionally hand lettered or painted. Q. Of¢StreetParking. E~erypersonsellingfireworkswithintheCityshallprovideaminimumoffifteen (15) perking spaces which shall be contiguous to the stand and shall be either chat gravel or hard surface pavement. H. Penalties. Any person who violates any provision of this Section shall be deemed gt[ilty of a misdemeanor and shall, upon conviction thereof, be fined a sumof not Less than fifty dollars (SSO.GO) net mcre than five hundred dollars (5500.00) or by imprisonment in the City Jail not to exceed ninety (901 days, or by Both such fine and imprisonment and casts. Section 2. This Ordinance shall take effect immediately. PASSED this 4th day of May, 1999. i-./ _~ -c ~'- A ~ST: ~~ Mayor i \% ~ -- 7 ~/~ ~'dI '' City Clerk