2003-15
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BILL NO. 2003-15
AN ORDINANCE ADDING A NEW CITY CODE
SECTION 1131 REGULATING FIREWORKS
SECTION 1. Chapter XI of the Richfield City Code is amended by adding Section
1131 as follows:
Section 1131 - Fireworks
1131.01 Purpose and Intent. Due to the inherent risks of fire and injury to persons and
property associated with the sale, possession and use of fireworks, the city council has
determined that it is necessary and in the interest of public health, safety and welfare to
establish reasonable regulations concerning fireworks.
1131.02 Sale of Fireworks. It is unlawful to sell fireworks in the City of Richfield in
violation of Minnesota Statutes, SS 624.20 through 624.25, inclusive. "Consumer fireworks"
as defined in this Section may, however, be sold upon issuance of a license issued by the
City.
1131.03 Definition. For the purposes of this Section "consumer 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 glow worms,
smoke devices, or trick noisemakers which include paper streamers, party poppers, string
poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths
grains of explosive mixture.
1131.04 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 will be sold; the type of consumer fireworks to be sold; the estimated quantity
of consumer fireworks that will be stored on the licensed premises.
1131.05 Insurance Required. All licensees must have at all times a valid certificate of
insurance issued by an insurance company licensed to do business in the State of Minnesota
evidencing that the applicant's use of the property is currently covered by a liability insurance
policy. The minimum limits of coverage for such insurance shall be:
a) at least $200,000 for each claim; and
b) at least $500,000 for each incident.
Such insurance shall be kept in force during the term of the license and the
licensee must provide for prior notification to the City of Richfield should the policy be
terminated or canceled. A certificate of insurance must accompany all initial and renewal
license applications.
1131.06 Processinq Application. The application must be filed with the City Clerk
together with the license fee. Following an inspection of the premises proposed to be
licensed, the Fire Chief or his/her designee shall issue the license if the conditions for license
approval are satisfied and the location is properly zoned. If the Fire Chief or his/her designee
denies the license application, the applicant may, within ten (10) days, appeal the decision to
the City Council.
1131.07 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) Consumer fireworks shall not be sold to persons younger than 18 years of
age. The age of a purchaser must be verified by photographic identification.
(c) The license must be publicly displayed on the licensed premises. I
(d) The premises are subject to inspection by City employees during normal
business hours.
(e) The applicant must be at least 18 years of age.
(f) If the applicant does not own the business premises, a true and correct copy of
the current, executed lease, as well as, the written authorization of the property
owner for the applicant's use of the property for the sale of permitted consumer
fireworks.
(g) Consumer fireworks shall only be stored and sold in those areas or zones
within the City where commercial or industrial activities are authorized under
the applicable zoning laws of the City.
(h) The applicant shall not have had a license to sell fireworks revoked within the
last 12 months.
(i) The premises must be in compliance with the State Building Code and State
Fire Code.
1131.08 License Period and License Fee. Licenses shall be issued for a calendar year.
The license fee is established by resolution in Appendix 0 of the Richfield City Code. License
fees shall not be prorated.
1131.09 Revocation of License. Following written notice and an opportunity for hearing,
the Fire Chief 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 Fire
Chief or his/her designee revokes a license, the license holder may within ten (10) days
appeal the decision to the City Council.
Section 2. This ordinance shall be effective in accordance with Section 3.09 of the
Richfield City Charter.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of July,
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2003.
/J?~ U
Martin J. Kir~, Mayor
Attest:
"--h/Mu,~ ~~
Nancy Gibb ,City Clerk
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief
Financial Officer of the newspaper known as Sun-Current , and has full
knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331A.02, 9331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for ~ successive weeks; it was first published on Thursday, the ~ day of
July , 2003, and was thereafter printed and published on every Thursday to and
including Thursday, the _ day of , 2003; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
j size and k;nd of type used;n 'h::.7=~~M:~~
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MERIDEL M. HEDBLOM I
NOTARY PUBLlC.MINNESOTA
MY COMMISSION EXPIRES 1.31.2005
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
,
(3) Rate actually charged
$
1.40 per line
: City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2003.15
f BUSINESS AND TRADE REGULATIONS
AN ORDINANCE AMENDMENT TO CITY CODE
SECTION 1131 OF THE ORDINANCE CODE OF
" THE CITY OF RICHFIELD
I This summary of the ordinance is published pursuant to
. Section 3.12 of the Richfield City Charter.
: The purpose of this ordinance is to regulate and license the
! sales of consumer fireworks.
I Copies of the ordinance are available for public inspection
I in the Fire Department during normal business hours or
upon request by calling (612) 243-4500.
Adopted by the City Council of the City of Richfield. Min-
nesota this 22ml day of July, 2003.
MartIn J Ku'sch. Mavor
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ATTEST:
Nancy Gibbs. City Clerk .
I (July 31, 2003)D2/BI1l2003-1~
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