Mound City Code 9; 906.00

Section 906.00 – SALE, POSSESSION AND USE OF FIREWORKS

906.05 Purpose. Due to the inherent risks of fire and injury to persons and property associated with the sale, possession of fireworks, the City Council has determined that it is necessary to, in the interest of public health, safety and welfare, establish reasonable regulations concerning fireworks.

906.10 Definitions. For purposes of this section, "consumer fireworks" are defined as:

Wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are non-explosive and non-aerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes, and glow works, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture.

906.15 Sale of Fireworks. It is unlawful for any person to sell, offer for sale, expose for sale, or sell at retail or wholesale any consumer fireworks in the City of Mound without a license. The sale, use and possession of all fireworks in violation of Minnesota Statutes 624.20 through 624.25 inclusive, which are adopted herein by reference, is prohibited.

906.20 License Application. The applicant shall completely fill out and submit an application form for a consumer fireworks license prepared by the City. Information to be submitted as part of the license application includes, but is not necessarily limited to the following information: name, address and telephone number of applicant; the address of the location where fireworks will be sold; the type of consumer fireworks to be sold; the estimated quantity of consumer fireworks that will be stored on the licensed premises.

906.25 #9; Processing Application. The application must be filed with the City Clerk together with the permit fee. Following an inspection of the premises proposed to be licensed, the City Manager shall issue the permit if the conditions for the license approval are satisfied and the location is properly zoned. If the City Manager denies the permit application, the permit applicant may, within ten (10) days, appeal the decision to the City Council.

906.30 #9; Conditions of License. A license to sell consumer fireworks shall be issued subject to the following conditions:

a. The license is non-transferable, either to a different person or location

b. The license must be publicly displayed on the licensed premises

c. The premises are subject to inspection by City employees including police officers during normal business hours.

d. The premises for which a license will be issued must be located in a zoning district permitting retail sales.

e. Storage of consumer fireworks on the premises must be in compliance with the Uniform Fire Code.

f. Consumer fireworks shall not be sold to persons under the age of 18, and retailers need to check photo identification.

906.35 #9; License Period and Fee. Licensed shall be issued for a calendar year. The license fee shall be in established in accordance with the provisions of Section 500 of the City Code and shall not be prorated.

906.40 #9; Revocation of License. Following written notice and an opportunity for a hearing, the City Manager may revoke a license for violation of this Section or state law concerning the sale, use or possession of fireworks. If a license is revoked, neither the applicant nor the licensed premises may obtain a license for twelve (12) months.

(ORD 09-2002, 6/23/02)