Farmersville Municipal Code Ch. 8.12 Fireworks

A. It is unlawful for any person, firm, association, or corporation to engage in the sale of fireworks in the city, unless there has first been obtained from the city clerk a permit to do so.

B. The permit will be issued on a first come, first serve basis.

C. The number of permits issued shall be based on population of the city per the following schedule:

1. One permit, one thousand;

2. Two permits, one thousand and one to two thousand;

3. Three permits, two thousand and one to three thousand;

4. Four permits, three thousand and one to four thousand;

5. Five permits, four thousand and one to five thousand;

6. Six permits, five thousand and one to six thousand;

7. One additional permit per one thousand population.

C. Permits shall be nontransferable.

D. Only one permit shall be allowed per nonprofit organization.

(Ord. 257 § 1, 1984)

Any person desiring to sell fireworks within the city shall, during the period beginning on the second Monday of January, 1985 and ending on the fourth Monday of January, 1985 and each year thereafter, file with the city clerk a verified application on a form furnished by the city clerk, setting forth the following information:

A. The name of the organization making the application;

B. The proposed location of the fireworks stand;

C. The taxpayer identification number and tax exempt status under state and federal tax law of the organization making the application;

D. Other pertinent information requested on the application form.

(Ord. 257 § 2, 1984)

A. Applicants must be nonprofit associations or corporations organized for veteran, patriotic, welfare, religious, youth, educational or charitable purposes.

B. Each such organization shall have its principal and permanent meeting place within the Farmersville city limits or within that area lying east of and adjacent to the city limit boundary (to a depth of two hundred feet) along Road 164 (North Farmersville Boulevard), with the southern boundary of the area being Avenue 288 (Walnut Avenue) and the northern boundary of the area being state Highway 198.

C. No person who has been convicted of a violation of this chapter shall be eligible to apply for a permit for a period of three years from the date of his or her conviction.

D. Each applicant shall agree to provide adequate liability insurance, naming the city as an additional insured and cash deposit as security for the applicant's faithful performance of its cleanup obligations under this chapter. The amount of insurance and cash deposit shall be set, from time to time, by resolution of the city council.

E. Each applicant shall pay a nonrefundable application fee in an amount as shall be determined from time to time, by resolution of the city council.

(Ord. 346 § 1, 1990: Ord. 257 § 3, 1984)

A permittee may sell fireworks under the provisions of this chapter only from June 28th through July 4th of each year.

(Ord. 257 § 4, 1984)

Each application shall contain a description of the site desired. Permission of the owner of the property must be obtained by the applicant. The city manager shall promulgate regulations for location of fireworks stands to protect the public safety and convenience.

(Ord. 257 § 5, 1984)

A. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the local building inspector who shall require the stands be constructed in a manner which will insure the safety of attendants and patrons.

B. All retail sales of fireworks shall be permitted only within a temporary fireworks stand, and the sale from any other building or structure is prohibited.

C. Each stand shall have two exit doors.

D. The front of all fireworks stands shall be completely enclosed from the counter to the roof with hardware wire cloth; the openings to permit delivery of merchandise to prospective customers, which openings shall not be larger than twelve inches by eighteen inches.

E. All electrical wiring, including that from the power source, shall be installed to the satisfaction of the building inspector. Electrical connections shall be at least twelve feet above ground when subject to foot traffic and sixteen feet when subject to automobile traffic.

F. The city manager may promulgate and publish such other and further regulations concerning fireworks stand construction as shall be consistent with this chapter and the public good.

(Ord. 257 § 6, 1984)

A. No person other than a member of the license organization will be permitted to sell or otherwise participate in operation of a licensee business.

B. No permit issued or authorized shall be transferable.

C. Each stand must have a person of legal age in attendance and in charge thereof when the stand is being used for the sale or dispensing or storage of fireworks.

D. All persons engaged in the selling of fireworks shall be over the age of sixteen years.

E. Hours of operation shall be limited from nine a.m. to eleven p.m. daily.

F. Fireworks may be sold at the stand only.

G. Each permit holder shall provide the city clerk with proof of payment of all appropriate sales taxes, if any, by August 31st at five p.m., and render the location of its fireworks stand clean and free of debris as soon as reasonably practicable after close of business on July 4th, but in no event later than five p.m. on July 8th of each year.

(Ord. 257 § 7, 1984)

A. Each stand shall be provided with a minimum two class 4A-40BC or better fire extinguisher approved for such use by the fire department in good working order and easily accessible for use in case of fire.

B. No smoking shall be allowed in any stand.

C. "No Smoking" signs shall be prominently displayed in and around each stand in a number prescribed by the regulations.

D. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand.

E. No person shall light or cause to be lighted any firecracker, fireworks or other combustible article within any stand or within two hundred feet thereof.

F. The city manager may promulgate and publish such other and further regulations concerning the fireworks stand safety and security as shall be consistent with this chapter and the public good.

(Ord. 257 § 8, 1984)

A. The city clerk shall, within eight days after the final date for filing of such applications, act thereof.

B. If the city clerk finds that such permit should not be issued, he or she shall mail, within ten days after the final date for filing such applications, a notice of action, stating the reason(s) for denial of such permit.

C. Such notice shall be mailed by first class mail, fully postage prepaid, to the applicant at its address as given in the application.

(Ord. 257 § 9, 1984)

A. An appeal may be taken to the city council for a permit at any time within five days after denial by the city clerk and the city council shall act within ten days after hearing the appeal.

B. Hearing shall be conducted at the next regularly scheduled meeting of the city council following receipt of notice of appeal.

(Ord. 257 § 10, 1984)

Any person or persons violating any provision of this chapter shall be punished as set out in Chapter 1.12 of this code.

(Ord. 257 § 11, 1984)