Chapter 5.40
FIREWORKS SALE PERMIT
Sections:
5.40.020 Permit required for fireworks sale.
5.40.030 Application – Contents.
5.40.050 Issuance or denial of permit.
5.40.060 Duration of retail fireworks sale permits.
5.40.010 Purpose.
The intent of this chapter is to provide permit requirements and procedures for the sale of fireworks at retail pursuant to Chapter 70.77 RCW and Chapter 212-17 WAC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1852 § 2, 2018).
5.40.020 Permit required for fireworks sale.
(1) Permit Required. Any person seeking to sell any fireworks at retail within the city must apply for and obtain a fireworks sale permit issued pursuant to the provisions of this chapter.
(2) No Business License Required. Applicants only operating business activities under permits issued pursuant to this chapter shall not be required to obtain a business license. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1852 § 2, 2018).
5.40.030 Application – Contents.
Applications shall be made not less than 14 business days prior to the date of the proposed sale. Applicants for a fireworks sale permit must file a complete application with the finance department and shall include the following:
(1) Information as required to identify a business for issuance of a business license pursuant to Chapter 5.01 OHMC;
(2) The name, address and phone number of the person responsible for the operation of the fireworks sale;
(3) A statement by the applicant that he or she is over the age of 18 years;
(4) The location for the proposed sale, subject to conformance with WAC 212-17-21509, and if applicable, a signed permission by the owner for use of the proposed area;
(5) Proposed structure, in compliance with WAC 212-17-21505;
(6) Proposed dates of the sale of fireworks, subject to RCW 70.77.395;
(7) The place and manner of storage and amount of pyrotechnics to be stored, in compliance with WAC 212-17-446;
(8) State-issued fire marshal permit, required pursuant to WAC 212-17-185; and
(9) A certificate of insurance evidencing coverage in an amount and type acceptable to the city attorney. Such insurance policy shall name the city as an additional named insured and must be in full force and effect for the duration of the permit. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1852 § 2, 2018).
5.40.040 Permit fee.
Upon approval of the application, the applicant shall pay the permit fee per the master fee schedule adopted by resolution of the city council. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1915 § 1, 2021; Ord. 1852 § 2, 2018).
5.40.050 Issuance or denial of permit.
The fire chief or designee shall have the power to grant or deny the application, subject to such reasonable conditions, if any, as prescribed.
(1) The fire chief or designee shall deny the permit if the applicant does not meet the requirements in OHMC 5.40.030. If the application is denied, the fire chief or designee shall notify the applicant of such action stating the reasons for the permit denial, including the right to appeal the decision pursuant to Chapter 1.24 OHMC.
(2) Upon approval of the fireworks sale permit application, the applicant shall be issued the fireworks sale permit. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1915 § 2, 2021; Ord. 1852 § 2, 2018).
5.40.060 Duration of retail fireworks sale permits.
All retail fireworks sale permits issued shall be for the period requested in the application and in compliance with RCW 70.77.395. Fireworks sale permits are not subject to renewal. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1852 § 2, 2018).
5.40.070 Revocation.
A fireworks sale permit may be revoked by the fire chief, subject to appeal under Chapter 1.24 OHMC, only for good cause, including but not limited to:
(1) A materially false statement contained in the application for the permit; and
(2) Any violation of this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1852 § 2, 2018).
5.40.080 Enforcement.
The Oak Harbor fire department shall have the administrative authority to implement and enforce this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1852 § 2, 2018).
5.40.090 Appeals.
Any person aggrieved by the denial or revocation of a fireworks sale permit may file a notice of appeal with the city administrator. The appeal under this section shall be governed by Chapter 1.24 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1852 § 2, 2018).
5.40.100 Violations.
Violations of this chapter constitute a civil offense and shall be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1852 § 2, 2018).