Fireworks Permit

4-4-1: CALL FOR LICENSES:

The town clerk-treasurer shall advertise in a paper of general circulation, at least once a week for two (2) consecutive weeks, a call for fireworks license applications. The advertisement shall be placed in the paper of general circulation for the month of May. (Ord. 92-03-001, 4-18-1992)

4-4-2: LICENSE REQUIRED:

No person shall offer for sale, sell or give away any fireworks within the town without first obtaining a license therefor. (1987 Code § 7-1)

4-4-3: APPLICATION:

Any person applying for a license to offer for sale, sell or give away fireworks shall file with the town clerk-treasurer a sworn application, in writing, which shall contain the following information:

A. The name and description of applicant.

B. The permanent home address and local address of the applicant and the representative thereof filing the application.

C. A description of the nature of the business to be conducted.

D. The place where the sale of fireworks will take place, which place must be approved by the town fire chief prior to issuance of the license. (1987 Code § 7-1)

4-4-4: LICENSE FEES:

The town council shall establish a fee for a fireworks license and require the payment of said fee prior to the issuance of the license. The for profit license fee shall not exceed the sum of two hundred dollars ($200.00). The nonprofit license fee shall not exceed the sum of twenty five dollars ($25.00). (Ord. 92-03-001, 4-18-1992)

4-4-5: NUMBER OF LICENSES RESTRICTED:

The number of licenses which shall be issued each year shall not exceed two (2), with one of those going to a nonprofit organization. (Ord. 92-03-001, 4-18-1992)

4-4-6: REQUIREMENTS PRIOR TO ISSUANCE:

Prior to the issuance of the permit, the successful applicant shall file with the town clerk-treasurer the following documents:

A. Permission Of Landowner: Permission from the landowner to operate a fireworks stand on his or her property, only necessary when the holder of the permit is not the landowner.

B. Liability Insurance: Proof of liability insurance in the amount of five hundred thousand dollars ($500,000.00).

C. Hold Harmless Agreement: An agreement holding the town harmless in the event of any legal action taken against the fireworks stand. (Ord. 92-03-001, 4-18-1992)

4-4-7: LOTTERY DRAWING:

In the event there is more than one qualified applicant for each license, after a hearing, then the licenses will be selected by a lottery drawing. (Ord. 92-03-001, 4-18-1992)

4-4-8: TERM:

The fireworks licenses shall be only valid for the sale of fireworks from June 20 to July 4 of each year. All fireworks stands shall be located on private property and only on the frontage of Highway 26. (Ord. 92-03-001, 4-18-1992)

4-4-9: RULES:

The fire chief of the town shall have the authority to make rules providing for the safe operation of the stand and shall have the right to dictate that ordinances regulating fireworks within the town and other pertinent information are posted. The fire chief shall have the authority to temporarily suspend operations at afireworks stand in the event of a violation of any of the provisions of this section or other municipal code. In the event of a temporary suspension of the license, the town council shall hold a hearing within seventy two (72) hours to either reinstate the license or to revoke it. (Ord. 92-03-001, 4-18-1992)

4-4-10: POSTING OF LICENSE:

Any person obtaining a license for the sale of fireworks within the town shall post in a clearly visible fashion the current ordinance, if any, regulating the use of fireworks within the town. (1987 Code § 7-1)

4-4-11: SALE, DISCHARGE AND DETONATION RESTRICTED:

It shall be unlawful for any person to sell, discharge or detonate any fireworks within the town except for the place or places and time or times each year the governing body designates. (1987 Code § 7-1)

Download the Application Fireworks Application