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Memo - 2nd Reading Ordinance 894 - Fireworks . . . CITY OF HOPKINS MEMORANDUM To: Hopkins City Council From: Jim Gencl1ie Date: February 4,2003 Subject: Second Reading of Ordinance 2003-894 Stafr recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 2003-894 for second reading, approve the summary of Ordinance 2003- 894 and order the summary published and posted at the Hopkins Library and approve Resolution 2003-009 establishing a license fee. This ordinance has not changed since the first reading. It requlres a four-fifths vote of the City Council to approve the publication oftbe summary ordinance. Attachments: . Summary of Ordinance 2003-894 . Ordinance 2003-894 . Resolution 2003-009 Ordinance 2003-894 establishes a license for the sale of fireworks. . . . CITY OF HOPKINS COUNTY OF HENNEPIN SUMMARY OF ORDINANCE NO. 2003-894 AN ORDINANCE ESTABLISHING SECTION 1150 OF THE HOPKINS CITY CODE - FIREWORKS LICENSE TIle following is a sllnnnary of the major provisions of the new ordinance: . Requires a license to sell fireworks. Licenses are issued for one year. . The amount of fireworks that can be displayed or stored varies depending on whether the building has a sprinkler system. . Fireworks can only be sold from a pemlanent building in a commercial district. No transient sales are allowed. . Buildings that have residences attached will not be able to get a license. . In buildings that have multiple commercial spaces, only one space will be able to get a license. . Buildings where fireworks are sold must have two code-compliant exits. . Buildings where fireworks are sold must be in compliance with the building and fire code. A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins library. First Reading: January 21,2003 Second Reading: February 4, 2003 Date of Publication: February 13, 2003 Date Ordinance Takes Effect: February 13, 2003 . . . CITY OF HOPKINS Hennepin County, 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 healtlJ and safety of the residents of the City of Hopkins, and Whereas the storage of fireworks can also increase the risk tu buildings in the City; The City Council of the City of Hopkins does hereby ordain: Section 1. Hopkins City Code, Section 1150 is hereby adopted to read as follows: 1150.01 Sale of Fireworks. It lS unlawful to sell fireworks in the Ci ty of Hopkins in violation of Minnesota Statutes 6~4. 20 through 624.25, inclusive, which are adopted by reference. "Legal fireworks" as defined in this Section may, however, be sold upon issuance of a license issued by the City. 1150.03 Definition. For the purposes of this Section "legdl 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 nonderial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop P()PS, each cons i st ing of not more than twenty- five hundredths grains of explosive mixture. 1150.05 Application. The application for a license shall contaill the following information: name, address, and telephone number of appl icant; the address of the location where f irewor ks wi 11 be sold; along with a list documenting the name, weight, d~d quantity of the fireworks within the building and the material safety data sheets. 1150.07 Processing Application. The application must be filed wi th the Ci ty Clerk together with the license fee a minimum of fifteen (15) days prior to operating. Following an inspection of the premises, proposed to be licensed, the City Manaqer Ol hj slher designee shall issue the license if the conditions tor llcense approval are satisfied and the location is properly zoned. If the City Manager or his/her designee denies the license application, the applicant may, within len (10) days, appeal the . . . declsion to the City Council. 1J50.09 Conditions of License. The license shall be issued subject to the following conditions: d) The I icense is non-transferable, person or location. either to a diffRrent b) The licensed premises must be a permanent building, located In an area that is zoned as a business dist 1.' let, which con ta ins no res idential unit s . I f the structure is divided by a viall wi thout openings, to form separate buildings, only one buj lciinq may be a licensed premises. No exterior storage, oi splay, sales or transient sales of fireworks are permitted. c) The license must be publicly displayed on the licensed premises. d) The premi ses are subject to inspection by C it Y empl Dyees including police officers during normal business hours. e I 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 composi tion or two hundred (200) lbs. gross weight, if the pyrotechnic composition weight i~ not known. The total quantity of consumer fireworks stored un any property without an approved automatic sprinkler system shall not exceed 500 pounds. Buildings protected throughout by an approved automatic sprinkler sys tern sha 11 be limi ted to one hundred (100) lbs. net or ~(JUr hundred (400) Ibs. gross weight if the pyrotechnic composition we ight is not known. The tota 1 quant it y of consumer f i rewor ks 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. !J) Smoking shall not be permitted in any bui IdinC] c r. tenant space where fireworks are stored for corrnnercial purposes or sold. Areas where fireworks are stored for corrnnercial purposes or sold shall be provided with approved "no smokingN 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 locatlons. holder shall not less than have not a 2a, lOb, c less than rating in two fire approved j) There shall be at least two (2) all buildinqs from which fireworks purposes or sold. code compliant are stored for exits frem commerclal k) A list of all consumer fireworks displayed and stored nn the property shall be available at all times. The list sh~ll document the name, weight, and quantity of the fireworks and De accompanied by the material safety data sheets. 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 dnd an opportunity tor 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 premj ses may obt ain a license f or twelve (12) months. I f the City Manager Dr his/her designee revokes a license, the license holder may within 4It 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 Readinq: January 21, 2003 Second Re;odinq: February 4, 2003 Date of Publication: February 13, 2003 Date Ordinance Takes EffecL: February 13, 2003 Gene Maxwell, Mayor ATTEST: Terry Obermaier, city Clerk APPROVED AS TO FORM AND LEGALITY: . City Attorney Signature Date . CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2003-009 RESOLUTION SETTING FEE FOR FIREWORKS LICENSE WHEREAS, the Hopkins City Code authorizes the City Council to set fees by Resolution, and; WHEREAS, the City Council has adopted an ordinance that regulates the sale of fireworks, and; WHEREAS, the City needs to offset the cost of regulating the sale of fireworks; THEREFORE BE IT NOW RESOLVED that the following fee shall be charged for a license to sell fireworks: $200.00 per year. . Adopted by the City Council of the City of Hopkins this 4th day of February 2003. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk .