§ 15-92. Storage, sale, and handling.

(a)

In general.

(1)

Fireworks shall not be sold or kept for sale in a place of business where paints, oils, varnishes, turpentine, gasoline, or other flammable substances are kept.

(2)

Fireworks shall not be stored, kept, sold, or discharged within 100 feet of any gasoline pump, gasoline filling station, gasoline bulk station, or any building in which gasoline or volatile liquids are sold or stored.

(3)

Four approved and fully charged fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all buildings and temporary retail establishments where fireworks are sold or stored. All fire extinguishers shall be at least of type A standards and have not less than a two and one-half pound capacity. Two of the fire extinguishers shall be a 2-A water type extinguisher. Failure to maintain the required number of fire extinguishers as set out in this subsection or maintaining nonoperational or partially discharged extinguishers shall be considered grounds for immediate suspension of any operation in the interest of public health, safety and welfare.

(4)

The possession of more than 125 pounds of consumer grade fireworks shall:

a.

Be reported to the fire marshal's office;

b.

Require a permit be issued by the fire marshal's office; and

c.

Be stored in compliance with section 5609 of the International Fire Code.

(b)

Wholesale sales or retail sales for public display.

(1)

Fireworks to be sold at wholesale or at retail for public displays shall be stored in a room set aside for the storage of fireworks only. Construction shall be of brick, block, concrete, or five-eighths-inch drywall interior and a brick, block, or concrete exterior wall.

(2)

All structures shall have metal bars over doors and windows. A sign must be posted over the entrance reading "FIREWORKS—NO SMOKING."

(c)

Retail sales.

(1)

Retail sale of fireworks or storage of fireworks shall be from brick, block, concrete, metal, or frame, temporarily erected to be used as a place for storing and selling fireworks only. No tents, awnings, or other fabric enclosure shall be used unless the tents, awnings, or other fabric enclosure, and all auxiliary tents, curtains, drops, awnings and all decorative materials, are made from a nonflammable material or are treated and maintained in a flame retardant condition. No fireworks stand shall hang, drape, display, or use plastic or plastic canvas for any purpose unless the plastic or plastic canvas is made from a nonflammable material or is treated and maintained in a flame-retardant condition. A sign must be posted over all the entrances reading "FIREWORKS-NO SMOKING." All tents, awnings, or other fabric enclosure shall be adequately roped, braced and anchored to withstand the elements of the weather and prevent against collapsing. Documentation of structural stability shall be furnished to the unified government upon request, and there shall be a minimum of ten feet between the stake lines. Where ten feet between take lines is not sufficient for means of egress, the distance necessary for means of egress shall govern. All adjacent tents, awnings, parking areas, lot lines, buildings, or other fabric enclosures shall be no closer than 20 feet from each other (as measured from the end of the tent stake line) in order to provide an area to be used as a means of emergency egress. Exit openings from all tents, awnings, or other fabric enclosure shall be clearly marked.

(2)

No person shall offer for sale or sell fireworks at temporary retail locations before June 29 and after July 4.

(3)

No person shall offer for sale or sell fireworks at temporary retail locations before 9:00 a.m. or after 10:00 p.m.

(4)

No person shall sell the fireworks listed in section 15-90(1)—(4) to any person under the age of 16.

(5)

All temporary fireworks retail locations must have their fireworks inventory orders delivered from the distributor directly to their approved temporary stand location.

(6)

Single sale purchases in excess of 125 pounds shall be reported to the fire marshal's office in accordance with subsection (a)(4) above, and such notice shall be submitted prior to end of the sales period on July 4th.

(7)

All pre-ordered fireworks shall be distributed to the purchaser from a licensed Kansas retailer. The purchaser shall pick up his/her pre-ordered purchase directly from the retailer's retail location.

(8)

No person shall expose fireworks where sun shines through glass on the merchandise displayed, except where such fireworks are in the original package. All fireworks kept for sale on front counters must remain in original packages, except where an attendant is on duty at all times.

(9)

All retail locations shall post "No Smoking" signs inside the structure.

(10)

No temporary authorized structures used for the sale or storage of fireworks shall be erected before June 24, and no materials associated with such structures shall be placed on the site before June 24. All temporary authorized and erected structures used for the sale or storage of fireworks shall be removed no later than July 7. Any remaining structures, debris, litter, or materials shall be removed by the unified government and the cost taxed against the owner of the property, the lessee of the property, or the holder of the retail fireworks permit.

(11)

It shall be the duty of the fire prevention bureau to inspect all locations where fireworks are sold at retail.

(12)

Permits shall be required subject to the following:

a.

All persons desiring to sell fireworks in the city shall secure each year a permit from the license administrator upon payment of a fee in an amount set by the county administrator.

b.

All applicants for a permit must be residents of the city and at least 18 years of age. Each applicant shall provide reasonable proof of residency and age.

c.

A permit must be obtained for each stand and each location proposed. In this context, a stand shall be defined as each individual unit not connected by an enclosed walkway.

d.

Every permit recipient shall sign and submit a statement to the license department indicating the recipient has received, reviewed, and understood the ordinances of the unified government pertaining to fireworks and will accept full responsibility for compliance with such ordinances.

e.

Every permit recipient shall maintain a detailed, legible, and current inventory list of consumer firework items held on the premises, indicating the Kansas licensed distributor from whom those items were purchased. This list shall be provided to law enforcement, the fire department, or local authority upon request. Every permit recipient must submit a legible copy of the fireworks distributor's order form and delivery manifest, including but not limited to the following: detailed quantities ordered, delivered, and line item cost. At the end of the retail fireworks season, applicant will provide a remaining inventory report on the distributor's order form detailing the remaining fireworks on each line item.

f.

No permit for retail sale shall be issued unless the proposed location is on property zoned at a minimum for retail-commercial use or can be shown to be a legal nonconforming retail-commercial use.

g.

No permit shall be issued for any location within 100 feet of any structure used in whole or in part as a residence.

h.

No permit will be issued after 5:00 p.m. on June 27.

i.

No permit will be issued unless the applicant files with the unified government a cash bond, in a form approved by the chief counsel or his designated representative, in the amount of $1,000.00, conditioned upon the permit holder's removal of all temporarily authorized and erected structures used for the sale or storage of fireworks on or before July 7, together with any debris, litter, and material remaining at the site.

j.

No permit will be issued unless the applicant files with the unified government a current year tax clearance letter from the state department of revenue stating that the applicant owes no back taxes.

k.

No permit will be issued to an applicant delinquent on any unified government ad valorem tax assessments, interest, or penalties.

l.

No permit will be issued for the sale of fireworks upon any property with any delinquent unified government ad valorem tax assessments, interest, or penalties.

m.

No permit will be issued to an applicant who has not submitted the "Leftover Inventory" form from the previous year's sales to the fire marshal's office by the specified date.

n.

All firework stand owners shall be present for the initial inspection of the stand by the fire department.

(13)

All permit holders shall cause to be posted in each stand, in a conspicuous location, and shall cause to be distributed with each sale a copy of sections 15-91 and 15-93, governing discharge of fireworks, in both English and Spanish.

(14)

Revocation of a permit shall be subject to the following:

a.

The license administrator may revoke any permit issued under this section, without refund of the permit fee, in the event of a violation of any of the requirements of this article.

b.

Any permit holder whose permit is revoked may appeal the decision to the county administrator by filing a written request with the license administrator and will be afforded a hearing before the county administrator or his designated representative within 24 hours of filing such request. The county administrator may uphold or overrule the decision of the license administrator.

c.

Any revocation of a permit shall bar the permit holder from obtaining unified government permits and licenses relating to fireworks for a period of two years.

(15)

Any person or agency convicted of the violation of this section or for failure to obtain a permit for the retail sale of fireworks, as stated in this section, shall bar that individual and/or agency from obtaining unified government permits and licenses relating to fireworks for a period of two years.

(Ord. No. O-14-19 , §§ 1, 2, 3-7-2019)

Editor's note

Ord. No. O-14-19 , §§ 1, 2, adopted March 7, 2019, repealed the former § 15-92, and enacted a new § 15-92 as set out herein. The former § 15-92 pertained to similar subject matter and derived from the Code of 1988, § 15-75; Ord. No. 65434, § 5, adopted May 18, 1989; Ord. No. O-13-01, § 1, adopted Feb. 1, 2001; Ord. No. O-45-02, § 1, adopted June 6, 2002; Ord. No. O-74-05, § 1, adopted Oct. 6, 2005; Ord. No. O-33-09, § 1, adopted May 7-2009; Ord. No. O-44-09, §§ 2, 3, adopted June 4, 2009; Ord. No. O-27-13, § 2, adopted April 4, 2013; Ord. No. O-13-18 , § 1, adopted Mar. 22, 2018.