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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