2003-894
CITY OF HOPKINS
Hennepin CountYI Minnesota
ORDINANCE 2003-894
AN ORDINANCE ADOPTING SECTION 1150 OF THE HOPKINS CITY CODE
LICENSE FOR THE SALE OF FIREWORKS
Whereas the storage and sale of fireworks can impact the health
and safety of the residents of the City of Hopkins I and
Whereas the storage of fireworks can also increase the risk to
buildings in the CitYi
The City Council of the City of Hopkins does hereby ordain:
Section 1. Hopkins City Codel Section 1150 is hereby adopted to
read as follows:
1150.01 Sale of Fireworks. It is unlawful to sell fireworks in
the City of Hopkins in violation of Minnesota Statutes 624.20
through 624.251 inclusive, which are adopted by reference. "Legal
fireworks" as defined in this Section maYI however I be sold upon
issuance of a license issued by the City.
1150.03 Definition. For the purposes of this Section "legal
fireworks" is defined to mean:
Wire or wood sparklers of not more than 100 grams of mixture per
item, other sparkling items which are nonexplosive and nonaerial
and contain 75 grams or less of chemical mixture per tube or a
total of 200 grams or less for multiple tubesl snakes and glow
worms I smoke devicesl or trick noisemakers which include paper
streamers I party poppers I string poppers, snappers I and drop
pops, each consisting of not more than twenty-five hundredths
grains of explosive mixture.
1150.05 Application. The application for a license shall contain
the following information: name I address I and telephone number of
applicant i the address of the location where fireworks will be
soldi along with a list documenting the name I weightl and
quantity of the fireworks wi thin the building and the material
safety data sheets.
1150.07 Processing Application. The application must be filed
with the City Clerk together with the license fee a minimum of
fifteen (15) days prior to operating. Following an inspection of
the premisesl proposed to be licensedl the City Manager or
his/her designee shall issue the license if the conditions for
license approval are satisfied and the location is properly
zoned. If the City Manager or his/her designee denies the license
applicationl the applicant may I within ten (10) days I appeal the
decision to the City Council.
1150.09 Conditions of License. The license shall be issued
subject to the following conditions:
a) The license is non-transferable, either to a different
person or location.
b) The licensed premises must be a permanent building, located
in an area that is zoned as a business district, which contains
no residential units. If the structure is divided by a wall
without openings, to form separate buildings, only one building
may be a licensed premises. No exterior storage, display, sales
or transient sales of fireworks are permitted.
c) The license must be publicly displayed on the licensed
premises.
d) The premises are subj ect to inspection by City employees
including police officers during normal business hours.
e) The premises must be in compliance with the State Building
Code and State Fire Code.
f) In buildings without an approved automatic sprinkler system
retail consumer fireworks indoor sales displays shall be limited
to fifty (50) lbs. net pyrotechnic composition or two hundred
(200) Ibs. gross weight, if the pyrotechnic composition weight is
not known. The total quantity of consumer fireworks stored on any
property without an approved automatic sprinkler system shall not
exceed 500 pounds.
Buildings protected throughout by an approved automatic sprinkler
system shall be limited to one hundred (100) Ibs. net or four
hundred (400) Ibs. gross weight if the pyrotechnic composition
weight is not known. The total quanti ty of consumer fireworks
stored on any property protected throughout by an approved
automatic sprinkler system shall not exceed 1,000 pounds.
g) Consumer fireworks shall not be sold to persons under the
age of 18.
h) Smoking shall not be permitted in any building or tenant
space where fireworks are stored for commercial purposes or sold.
Areas where fireworks are stored for commercial purposes or sold
shall be provided with approved "no smoking" signs in red letters
not less than two (2) inches in height on white background. All
signs shall be maintained in legible condition.
i) Each permit
extinguishers of
locations.
holder shall
not less than
have not less than
a 2a,10b,c rating in
two fire
approved
j) There shall be at least two (2)
all buildings from which fireworks
purposes or sold.
code compl iant
are stored for
exi ts from
commercial
k) A list of all consumer fireworks displayed and stored
property shall be available at all times. The list
document the name, weight, and quantity of the fireworks
accompanied by the material safety data sheets.
on the
shall
and be
1150.11 License Period and License Fee. Licenses shall be issued
for a calendar year. The license fee is established in Chapter X
of the Hopkins City Code. License fees shall not be prorated.
1150.13 Revocation of License. Following written notice and an
opportunity for a hearing, the City Manager or his/her designee
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. If the City Manager or
his/her designee revokes a license, the license holder may within
ten (10) days appeal the decision to' the City Council.
Section 2. The effective date of this ordinance shall be the date
of publication.
First Reading:
January 21, 2003
Second Reading:
February 4, 2003
Date of Publication:
February 13, 2003
Date Ordinance Takes Effect:
February 13, 2003
~cJ2.~
Gene Maxwell, Mayor
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date