§ 12-41. Permits and regulations.

(a)

Permit. Any person, firm, partnership or corporation engaging in the sale, distributing or manufacturing of fireworks or sparklers must first apply for and secure a permit from the county fire marshal for each sales site. This permit is in addition to any other permits, registrations or licenses that may be required by any other applicable federal, state or local laws and regulations. Any sale of fireworks or sparklers without a valid permit as required hereunder shall be a violation of this code.

A separate application for a permit must be filed for each site at which the applicant intends to sell fireworks or sparklers, and a separate fireworks or sparklers permit must be secured for each such site, as applicable. Each application for such permit shall list the sales site location; include proof that the applicant is registered with the division of the state fire marshal pursuant to F.S. Ch. 791; include proof of a current fire safety inspection from the county fire-rescue department documenting compliance with the state fire prevention code and the county's local amendments thereto for the sales site listed on each application; include proof of compliance with the bond requirements set forth in this section; and include proof of compliance with the financial responsibility provisions of this code, if applicable. In addition, the temporary retail sale of sparklers requires an additional permit from the county planning, zoning and building department, the requirements for which are set forth in the Unified Land Development Code.

Each application for a permit for the sale of fireworks or sparklers must list the name and address of the designated contact person for the listed sales location and the nature of any other sales or business operations of the applicant which are to take place at the permitted premises. Each permit application shall be accompanied by a permit fee, to offset the cost of the regulatory requirements of this code, in the following amounts:

Sale of fireworks: ..... $100.00

Sale of sparklers not exempt under section 12-39: ..... 100.00

The permit shall be issued in the name of the applicant only and shall not be transferable. Once a permit is issued, the permit holder shall have a continuing obligation to notify the county fire marshal of any change in the information set forth in the application for the permit including, but not limited to, any changes in physical address or closure of the permit holder's operations at any location where the permit holder does business in the county.

As a condition of obtaining and maintaining the permit, the permit holder must comply with all applicable federal, state and local laws and regulations governing the sale and storage of fireworks and/or sparklers, as applicable, including the requirements of this code, the state fire prevention code and the county's local amendments thereto. The permit holder also must comply with the record keeping and financial responsibility provisions of this code, as applicable.

The county fire marshal is authorized to issue permits for the sale of fireworks and sparklers as required herein. Permits for the sale of fireworks or for the retail sale of sparklers shall be valid for the duration of the applicant's current certificate of registration from the state fire marshal issued pursuant to F.S. § 791.015. Permits for the seasonal retail sale of sparklers shall be valid for one (1) of the sales periods authorized in F.S. § 791.01, for seasonal retailers. The county fire marshal shall deny a permit if the application does not meet the requirements established herein. If a permit is denied by the county fire marshal, the applicant shall be advised in writing of the reason(s) for such denial.

Upon a determination by the county fire marshal that there is a violation of this code or any permit condition and that such violation presents an imminent danger, the county fire marshal shall be authorized to immediately suspend any permit issued hereunder until such time as the violation is corrected. For purposes of this code, "imminent danger" shall mean any condition or practice at the permitted site that poses a danger that could reasonably be expected to cause serious physical harm, including death, or serious property loss. The sale of the permitted goods as set forth in this code shall cease for the duration of the permit suspension.

Upon notification of a permit suspension under this section, the seller shall, if so directed in the permit suspension order, remove their fireworks or sparklers inventory, as applicable, from the premises in accordance with the time frame established in the order, and store said inventory in a secure offsite location that meets all applicable state and local fire codes. Based upon the county fire marshal's assessment of the danger presented, the permit suspension order may provide that the seller may, as an alternative to removing its inventory, cease operations during the period of suspension if its premises are secure. It shall be the obligation of the seller to ensure that adequate security is in place during any suspension period. At a minimum, the seller's premises or storage location, as applicable, shall be locked or otherwise inaccessible to the general public.

The county fire marshal's order suspending or denying a permit under this section shall be in writing and set forth the reason(s) for such suspension or denial. Such order shall be served upon the permit holder/applicant or its contact person, as listed on the permit application, by personal service or mail and by delivering same to, and leaving same with, a person of responsibility at the sales site. Any such notice shall be deemed sufficient notice to the permit holder/applicant. For unattended or abandoned locations, a copy of such order shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the permit holder/applicant or its contact person.

Any person or entity whose permit is suspended or denied hereunder may appeal such decision as set forth in section 12-44.

(b)

Display of permit. All appropriate local and state permits, registrations and licenses must be displayed at each sales site, and be made available during business hours for immediate on site inspection by the county and/or the sheriff's office or other applicable law enforcement agencies.

(c)

Bond. Before any permit, as provided by this code, shall be issued by the county fire marshal for the sale of fireworks or sparklers, such applicant shall file, or have on file, with the county fire marshal a current performance bond or similar security acceptable to the county, naming the county as beneficiary in the sum of five thousand dollars ($5,000.00). An applicant with more than one (1) sales site and application shall pay the sum of five thousand dollars ($5,000.00) per site, but shall only pay a maximum of twenty thousand dollars ($20,000.00) for multiple sites. Such security shall be approved by the county attorney's office. The conditions of such security shall be that:

(1)

The permit holder will pay all costs and judgments that may be rendered against said permit holder by a court of law for a violation of this code or F.S. Ch. 791, regarding the sale of fireworks or sparklers; and

(2)

The permit holder shall pay the cost to the sheriff's office of providing security at the site(s), pursuant to court order, in the event of the arrest or detention of the permit holder's employee(s), or agent(s), for violation of this code, which arrest or detention results in the site being unmanned by the permit holder's employee(s) or agent(s).

(d)

Proof of registration. The purchaser of any fireworks from a wholesaler, distributor or manufacturer must furnish to the seller, at the time of sale, if applicable, proof that the buyer is registered with the division of the state fire marshal and that the sale is otherwise in compliance with F.S. Ch. 791. The seller shall retain a copy of such proof presented in accordance with subsection (f) herein.

(e)

Exemptions to registration. Any person, firm, partnership or corporation who is not registered with the division of the state fire marshal and who, pursuant to F.S. § 791.07, purchases firecrackers for frightening birds must provide to the seller a copy of the statement that has been filed with, and stamped as received by, the applicable sheriff's office pursuant to the rules prescribed by the state department of agriculture and consumer services. In order to verify compliance with F.S. § 791.07, the seller must receive a copy of the stamped statement filed with the sheriff's office before selling the firecrackers and shall be required to maintain the copy of the statement on the site of the sale in accordance with subsection (f) herein. Failure of the seller to obtain a copy of the statement prior to the sale of firecrackers pursuant to F.S. § 791.07 shall constitute a per se violation of this code. The seller must review the purchaser's photo identification and record and maintain the purchaser's name, address, and form of identification as provided in subsection (f) herein.

If a purchaser of fireworks claims to be exempt from registration requirements pursuant to an exemption set forth in F.S. § 791.04, the purchaser must provide a written notarized statement setting forth the basis of the exemption and the purpose for which the fireworks are being purchased, in the form attached to this code as exhibit "A." The seller shall retain a copy of this statement in accordance with subsection (f) herein. In order to verify compliance with F.S. § 791.04, the seller must receive a copy of said notarized statement before selling the fireworks and shall be required to maintain a copy of the statement on the site of the sale. Failure of the seller to obtain a copy of the statement prior to the sale of fireworks pursuant to F.S. § 791.04, shall constitute a per se violation of this Code.

Any person, firm, partnership, or corporation who is not registered with the division of the state fire marshal and who, pursuant to F.S. § 791.04, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain possession of such fireworks and shall be responsible for shipping all fireworks purchased to the purchaser or other recipient at an out-of-state point of delivery.

The purchaser of fireworks to be used, pursuant to F.S. § 791.04, by a railroad or other transportation agency must provide a copy of the business license or other government issued document evidencing that the purchaser is a legitimate railroad or transportation agency. A commercial drivers license, by itself, shall not meet the requirements of this section. A copy of this document must be maintained by the seller.

The purchaser of fireworks to be used, pursuant to F.S. § 791.04, in quarrying or for blasting or other industrial use must produce a copy of the quarry or mine permit or business license or other government issued document showing that the purchaser is operating a mine, quarry or other industrial enterprise. The seller shall maintain a copy of this proof and note the use for which the fireworks shall be used.

The purchaser of fireworks to be used, pursuant to F.S. § 791.04, in a public display must produce a copy of the current permit from a county or municipality and the seller must keep a copy of this permit with the record of sale.

(f)

Record of sales and exemptions. In order to verify compliance with F.S. Ch. 791 and this Code, the seller of fireworks must check a driver's license or other photo identification of each purchaser of fireworks, and keep a record of the names, addresses and form of proof of photo identification for each purchaser. The seller must maintain, on site, this record for all fireworks sales, which record includes the name and address of purchaser, and the form of identification. The record must also include proof of registration in compliance with F.S. Ch. 791 by the purchaser, if applicable, or the written notarized statement setting forth the basis of the exemption and the purpose for which the fireworks are being purchased. Seller must verify and record that the name, address and other identification information on this notarized statement is consistent with the information contained on the purchaser's driver's license or other photo identification.

Effective December 1, 2004, every seller of fireworks shall provide to each purchaser of such item(s) a receipt showing the item(s) sold, the seller's name and address, and the date of purchase. This receipt shall be provided at the time of purchase and the seller shall maintain a copy.

All records required by this code to be retained by the seller shall be maintained, on site, and be made available during business hours for immediate on site inspection by the county and/or the sheriff's office or other applicable law enforcement agencies.

The seller must maintain copies of all records required by this code at the location where the sale took place for a period of three (3) years from the date of the sale. These records must be available and provided immediately upon request for inspection by the county, the sheriff's office, or other applicable law enforcement agencies. In the event that the sales location closes, moves or is vacated, the records required by this code to be retained must be stored at a location in the county where they will be readily available for inspection by the county, the sheriff's office, or other applicable law enforcement agencies. The seller shall advise the county fire marshal of any change in the location of these records.

(g)

Evidence of financial responsibility. In furtherance of the provisions of F.S. Ch. 791, each seller of fireworks must keep in force an insurance policy showing general comprehensive, liability and property damage insurance coverage on an occurrence basis with minimum limits in the policy of not less than one million dollars ($1,000,000.00) combined single limit coverage for each loss that may result from the activities of the seller. Sellers must maintain Worker's Compensation coverage as required pursuant to F.S. Ch. 440. Insurance coverage must be in a form acceptable to the county's risk management department.

(h)

Floor area. The floor area occupied by the displays of fireworks and/or sparklers in a permanent sales facility shall not exceed forty (40) percent of the floor area within the sales area.

(i)

Inspections. Sellers of fireworks must obtain for each fireworks sales site a satisfactory fire safety inspection from the county fire-rescue department every three (3) months documenting compliance with the state fire prevention code and the county's local amendments thereto. Any application for, or acceptance of, a permit to sell fireworks under this code shall constitute agreement and consent by the applicant and permit holder to allow the county fire marshal to enter the premises at any reasonable time to conduct the quarterly fire safety inspections required hereunder.

(Ord. No. 04-020, art. 1, 7-21-04)