CR 2003-011 Ordinance Adopting Section 1150
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January 21, 2003
Council Report 2003-011
ORDINANCE ADOPTING SECTION 1150
OF THE HOPKINS CITY CODE - FIREWORKS
Proposed Action
Staff recommends that the Council approve the following motion: Move to approve Ordinance 2003-
894 for first reading.
Approval of this motion will begin the process of adopting section 1150 of the Hopkins City CoJe to
require a license for the sale of fireworks.
Overview
The sale of fireworks could have a negative effect on the health and safety of lives and property in the
City. It is entirely appropriate that the City regulate such sales in order to reduce the likelihood of any
negative effects.
Staff has drafted a licensing ordinance that will regulate how fireworks are sold in the City.
Primary Issues to Consider
. · What are the major provisions ofthe ordinance?
. What is the proposed fee?
Supportine Information
· Analysis of the Issues
· Ordinance 2003-894
J ts A. GencJlie
p"ssistant City Manager
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COLlncil Report 2003-011
Page Two
Analvsis of the Issues
vVhat are the major provisions of the ordinance?
The proposed ordinance has the following provisions:
1. Requires a license to sell fireworks. Licenses are issued for one year.
2. The amount of fireworks that can be displayed or stored varies depending on whether the
building has a sprinkler system.
3. Fireworks can only be sold from a permanent building in a commercial district. No transient
sales are allowed.
4. Buildings that have residences attaclled will not be able to get a license.
5. In buildings that have multiple commercial spaces, only one space win be able to get a license.
Staff proposes that this be done on a first come, first served basis.
6. Buildings where fireworks are sold must have two code-compliant exits.
7. Buildings where fireworks are sold must be in compliance with the building and fire code. This
will likely require a full fire inspection.
What is the proposed fee?
Staff is proposing a fee of $200.00 per year. Staff believes that this is reasonable considering record
keeping and any inspections. The city of Plymouth's license fee is $200.00. They have issued about six
licenses. The city of Chanhassen also has a fee of $200.00 and has issued licenses to retail outlets such
as Target and Oasis Market. Bloomington has a fee of $478.00 and has issued several licenses.
Altern atives
1. Approve Ordinance 2003-894 for first reading.
2. Do not approve Ordinance 2003-894 for first reading and direct staff to make changes.
Staffrecommends AItel11ative #1.
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CITY OF HOPKINS
Hennepjn County, Minnesota
ORDINANCE 2003-894
AN ORDINANCE ADOPTING SECTION 1150 OF THE HOPKINS CITY CODE
LICENSE FOR THE SALE OF FIREWORKS
Wherea~ the storage and sale of fireworks can impact the health
and safety of the residents of the City of Hopkins, and
Whereas the storage of fireworks can also increase the risk to
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 is unlawful to sell fireworks in
the City of Hopkins in violation of Minnesota Statutes 624.20
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 "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 tubes, snakes and qlow
worms, smoke devices, or trick noisemakers which incl ude paper
streamers, party poppers, string poppers, snappers, and 0ror
pops, each consisting of not more than twenty~five hundLedth.''i
grains of explosive mixture.
1150.05 Application. The application for a license shall contain
the following information: name, address, and telephone number of
applicant; the address of the location where fireworks wi 11 be
sold; along with a list documenting the name, weight, and
quantity of the fireworks within the bui1dinq dnd the material
satety data sheets.
1150.07 Processing Application. The application must be filed
with the City Clerk together with the license fee a minimum ot
fifteen (15) days prior to operating. Following an inspectiun uf
the premises, proposed to be licensed, the City Manager or
his Iher de signee sha 11 issue the license if the condi t ions for
license approval are satisfied and the location is properly
zoned. If the City Manager or his/her designee denies the licens~
application, the applicant may, within ten (10) days, appeal the
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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
wi thout openings, to form separate bui Idings, only one bui Iding
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 subject 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 composi tion or two hundred
(200) Ibs. gross weight, if the pyrotechnic composition weight is
not known. The total quantity of consumer fireworks stored un any
property without an approved automatic sprinkler system shall not
exceed 500 pounds.
Buildinqs protected throughout by an approved automatic sprinkler
system shall be limited to one hundred (100) lbs. net or four
hundred (400) Ibs. gross weight if the pyrotechnic composition
weight lS not known. The total quantity of consumer firewor 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.
h) Smoking shall not be permitted in any building o~ tecant
space where fireworks are stored for corrnnercial 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
siqns shall be maintained in legible condition.
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i ) E a c h perm i t
extinguishers of
locations.
holder shall
not less than
have not less than
a 2a, lOb, c rating in
two fire
approved
j) There shall be at least two (2)
all buildings from which fireworks
purposes or sold.
code compliant
are stored for
exi t s from
cormnercial
k) A list of all consumer fireworks displayed
property shall be available at all tlmes.
document the name, weight, and quantity of the
accompanied by the material safety data sheets.
and stored on the
The list shall
fireworks 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 cate
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
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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City Attorney Signature
Date