Firework Sales

CHAPTER 126

CONSUMER FIREWORKS SELLERS PERMIT 125.01 State License and City Permit Required

125.05 Inspection Required

125.02 Definitions

125.06 Action by Council

125.03 Application

125.07 Prohibited Sales and Acts

125.04 Fees, Insurance and Permit Duration

126.02 Definitions.

1. "Fireworks" or "Consumer Fireworks" as used in this section, shall mean those items listed or referred to under the definition of "First-Class Consumer Fireworks" and "Second-Class Consumer Fireworks" as set forth Under Iowa Code Chapter 100 and as defined in City of Bondurant Code 41.11.

2. "Package" or "pack" means a container of any kind in which fireworks or firework products are offered for sale, sold or otherwise distributed to consumers.

3. "Place of business" means any place where Fireworks are sold, stored or kept for the purpose of sale by a retailer.

4. "Retailer" means every person who sells, distributes or offers for sale fireworks, irrespective of the quantity or amount or the number of sales or who engages in the business of selling fireworks to ultimate consumers.

5. "Self-service display" means any manner of product display, placement or storage from which a person purchasing the product may take possession of the product, prior to purchase, without assistance from the retailer or employee of the retailer, in removing the product from a restricted access location.

126.03 APPLICATION. A completed application on forms provided by the City of Bondurant and accompanied by the required fee shall be filed with the Clerk. No application will be accepted without proof of a Consumer Fireworks Sellers License from the State of Iowa.

126.04 FEES, INSURANCE AND PERMIT DURATION. The application fee for a retail permit shall be as follows: Temporary Structure:

$280

Permanent Structure:

$320

No person, retailer, consumer group or otherwise shall sell or display for sale any fireworks without possessing a consumer fireworks seller license as required under Iowa Code Chapter 100, and any permits required by the Bondurant Municipal Code and without providing evidence of insurance in the amounts not less than $2,000,000.00 per Occurrence and $5,000,000.00 in the Aggregate.

Should a permit be granted, the permit will be valid for one year from date of issue.

126.05 INSPECTION REQUIRED. Upon receipt of an application for a Fireworks Sales Permit, the City Clerk will forward it to the Fire Chief or designee, who shall then conduct an inspection and submit a written report as to condition of the proposed sales and storage premises and determine if they conform to the requirements of the City. The Council shall not approve an application for a license or permit for any premises which does not conform to the applicable law and ordinances, resolutions and regulations of the City.

126.06 ACTION BY COUNCIL. The Council shall either approve or disapprove the issuance of the Fireworks Sales Permit.

126.07 PROHIBITED SALES AND ACTS. A person holding a Fireworks Sales Permit and the person’s agents or employees shall not do any of the following:

1. Sell, dispense or give to any intoxicated person, or one simulating intoxication, any Fireworks.

2. Sell or dispense any Fireworks during the dates between January 4th through May 31st and July 9th through December 9th of each year.

3. Sell Fireworks to any person on credit, except with a bona fide credit card.

4. Employ a person under eighteen (18) years of age in the sale of Fireworks.

5. Sell Fireworks to any person under eighteen (18) years of age.

(Ordinance No. 17-214)