Chapter 3.20 FIREWORKS CODE

The Puyallup Tribal Fireworks Code is enacted to provide for the safe and orderly use and handling of fireworks on trust lands located within the Puyallup Indian Reservation and to regulate the sales of those fireworks for the general welfare and economic benefit of the members of the Puyallup Tribe of Indians. [Res. 280591a (05/28/91); prior code § 3.05.010]

3.20.020 Definitions.

Words of this chapter shall have the meaning given them herein unless the context clearly indicates another meaning. If the meaning of a word is not clear, the Court shall construe the meaning in harmony with the purposes of this chapter.

(a) “Accounting Department” means the Accounting Department of the Puyallup Tribe of Indians.

(b) “Business hours” means any time a fireworks stand is open for business during.

(d) “Commission” means the Puyallup Tribal Fireworks Commission.

(e) “Council” means the Puyallup Tribal Council.

(f) “Fireworks” means any device containing a combustible or explosive substance for the purpose of producing a visible or audible display of combustion, explosion, or deflagration, but not including any firearms.

(g) “Fireworks season” or “July Fourth season” means that period set by the Commission and Council in the annual regulations for the sale of fireworks.

(h) “Fireworks stand” means an establishment at which fireworks are offered for retail sale.

(i) “Law Enforcement Division” means the Puyallup Tribal Law Enforcement Division.

(j) “License” means a written authorization issued by the Puyallup Tribe under the provisions of this title to engage in the transfer, possession, discharge or sale of fireworks, either wholesale or retail, or for the sale of food and nonalcoholic beverages.

(k) “Licensee” means a person to whom a license has been granted under the provisions of this title.

(l) “Native American” means a person who is an enrolled member of a federally recognized tribe of Indians, an enrolled member of a Canadian band, or certified by the BIA, a tribe, or Alaskan Native Corporation as one-quarter or more Indian or Alaskan Native.

(m) “On-site” means that piece of trust property set aside by the Tribe for fireworks sales.

(n) “Operator” means a person authorized by this chapter to sell fireworks.

(o) “Prosecutor” means the Puyallup Tribal Prosecutor.

(p) “Retail sale” means the sale of items not intended for resale.

(q) “Tribal Court” means the Puyallup Tribal Court.

(r) “Tribally owned trust land” means a parcel or parcels of land owned by the United States in trust for the Puyallup Tribe.

(s) “Wholesale” means the sale of items to a retail seller for the purpose of resale. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); Res. 230694 (06/23/94); Res. 280591a (05/28/91); prior code § 3.05.020]

Subchapter 2. Fireworks Commission

3.20.030 Fireworks Commission.

There is established a Fireworks Commission which shall consist of no more than seven nor fewer than five members and as many alternates as the Council may from time to time appoint, 18 years of age or older. The members shall be appointed by the Tribal Council and shall serve at the discretion of the Council. [Res. 270597 (05/27/97); Res. 290695A (06/29/95); Res. 250594D (05/25/94); Res. 280591a (05/28/91); prior code § 3.05.110]

3.20.040 Duties of Fireworks Commission.

The Fireworks Commission shall, by recommending regulations and amendments to this chapter to the Tribal Council, provide for safe and orderly transactions regarding the possession and sale of fireworks and other related responsibilities delegated to it by the Tribal Council. [Res. 280591a (05/28/91); prior code § 3.05.120]

Subchapter 3. Licensing

3.20.050 License required.

No person shall offer fireworks for sale, either retail or wholesale, without having first obtained the appropriate license for that activity. [Res. 280591a (05/28/91); prior code § 3.05.210]

3.20.060 License – Single location.

Each license issued shall be for a single location. The stand shall be located on Tribal trust property or individual trust property held in trust for a Puyallup Tribal member or members, providing that any stand located on Tribal trust property shall be pre-approved by the Tribal Council. Multiple owners or heirs of property where the stand is to be located shall obtain the written consent of all other owners or heirs prior to issuance of a license. [Res. 270597C (05/27/97); prior code § 3.05.211]

3.20.070 Persons eligible for a retail license.

To be eligible for a retail fireworks license a person must be an enrolled member of the Puyallup Tribe of Indians, 18 years of age or older and have complied with all application requirements set forth in the annual Fireworks Regulations (Chapter 3.20R PTC). [Res. 280591a (05/28/91); prior code § 3.05.220]

3.20.080 Agreements with nonlicensees.

Any agreement between a licensee and a nonlicensee that vests in the nonlicensee any rights to share in profits shall be in writing and submitted to the Fireworks Commission for their approval. Any agreement not in compliance with these requirements shall be unenforceable. [Res. 270597 (05/27/97); prior code § 3.05.221]

3.20.090 Persons eligible for a wholesale license.

To be eligible for a wholesale fireworks license a person must be 21 years of age or currently incorporated under the laws of a tribe or the state of Washington and meeting all application requirements set forth in the annual Fireworks Regulations (Chapter 3.20R PTC). [Res. 270597 (05/27/97); Res. 280591a (05/28/91); prior code § 3.05.230]

3.20.100 Licensing information.

Each person applying for a fireworks license, either retail or wholesale, shall provide the following information:

(a) Name;

(b) Current address;

(d) Address of location where fireworks will be sold;

(e) Names and addresses, telephone numbers and tribal affiliation of those persons who will assist or be employed to sell or handle fireworks. [Res. 290695A (06/29/95); Res. 280591a (05/28/91); prior code § 3.05.240]

3.20.110 Issuance of license.

The Fireworks Commission shall issue a license to an eligible applicant after he or she has paid a licensing fee to the Accounting Department. The Accounting Department shall not accept an applicant’s license fee if he or she owes money for fireworks fines or fireworks license fees from prior years. [Res. 280591a (05/28/91); prior code § 3.05.250]

3.20.120 Term of license.

A license issued under the provisions of this chapter shall be in effect from the date of issuance and shall expire on the first day of the following July Fourth season. [Res. 280591a (05/28/91); prior code § 3.05.260]

3.20.130 Transfer or release of license.

Requests for reassignment, sale or release of a fireworks license shall be made in writing to the Fireworks Commission, whose approval shall not be unreasonably withheld. No transfer will be permitted unless the transferee meets all requirements of PTC 3.20.070. [Res. 270597 (05/27/97); Res. 280591a (05/28/91); prior code § 3.05.270]

3.20.140 Collection of fees.

The Accounting Department shall collect all fees required by this chapter. Fees shall be paid by cash, money order or certified check only. [Res. 270597 (05/27/97); Res. 280591a (05/28/91); prior code § 3.05.280]

3.20.150 Persons denied license entitled to appeal.

Any person whose application for a license, either retail or wholesale, is denied for reasons other than nonpayment of a fireworks-related fine or license fee from prior years shall be given a written statement by the Commission setting forth the reasons for the denial and informing the applicant that he or she has the right to appeal. The written statement shall be given to the applicant no later than three business days following the decision to deny him or her a fireworks license. [Res. 280591a (05/28/91); prior code § 3.05.290]

Subchapter 4. Operations of Fireworks Businesses

3.20.160 Stand size.

The Fireworks Commission shall by regulation establish the dimensions of all fireworks stands whose owners are authorized to sell fireworks on Tribally owned trust lands. [Res. 280591a (05/28/91); prior code § 3.05.310]

3.20.161 Convicted sex offenders prohibited.

No licensee operating on Tribally owned trust lands shall employ or allow any person to work in or around the Puyallup Tribe fireworks stands who has been convicted of a sex offense by any Tribal, state or federal court. [Res. 010716 (07/01/16)]

3.20.170 Qualifications of operator.

Fireworks shall be sold only by the licensee or his or her agent. The licensee’s agent shall be either:

(a) Native American with proof of Native identification and 16 years of age or older; or

(b) A 14-year-old or older Puyallup member who has completed a Commission-approved safety training course and is under the supervision of a qualified Native 18 years or older; or a 10- to 13-year-old Puyallup Tribal member who has completed a safety training course and is accompanied by their Native parent at all times. [Res. 270597B (05/27/97); Res. 060696C (06/06/96); Res. 290695A (06/29/95); Res. 280591a (05/28/91); prior code § 3.05.320]

3.20.180 Persons required to be present during business hours.

The licensee or an operator defined by PTC 3.20.170 must be present at all times the fireworks stand is open for business. [Res. 290695A (06/29/95); Res. 010794 (07/01/94); Res. 280591a (05/28/91); prior code § 3.05.330]

3.20.190 Authorized persons in fireworks stands.

No person other than a qualified operator as defined in PTC 3.20.170 shall be inside those fireworks stands located on Tribally owned trust land during business hours. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.340]

3.20.200 Licensee strictly liable.

A licensee is strictly liable for illegal acts of his or her operators which occur on the premises of the licensee’s fireworks stand. “Strictly liable” means the licensee shall be cited for each violation for which his or her operator is cited. [Res. 280591a (05/28/91); prior code § 3.05.350]

3.20.210 Stand security.

A licensee may request the Fireworks Commission to allow one Native American person, aged 16 or older, to remain on Tribal grounds for the purpose of providing after-hours security for the licensee’s property. The Fireworks Commission shall establish by regulation the procedures necessary for authorizing an after-hours person for stand security. [Res. 280591a (05/28/91); prior code § 3.05.360]

3.20.220 Stand safety requirements.

(a) There shall be no smoking in any fireworks stand nor within 10 feet of any fireworks stand. Each fireworks stand shall have two “NO SMOKING” signs posted on its interior walls in such a manner as to be visible to patrons.

(b) Only fluorescent lighting shall be allowed in on-site fireworks stands. The maximum number of lights allowable in a 16-foot stand is one, eight-foot double tube, fixture or two, four-foot double tube, fixtures.

(c) No electrical appliances other than fluorescent lighting and no fuel-operated appliances shall be permitted in any fireworks stand. No person shall be permitted to work on any wiring system that may affect other stand owners without the express written permission of the Fireworks Commission.

(d) Each fireworks stand shall have on its premises a minimum of two fully charged fire extinguishers. One fire extinguisher shall be rated 2-A:B-10:C and the second may be rated type 2A water pressurized.

(e) Each fireworks stand shall be maintained in such manner that the premises and the 25 feet surrounding it or the area midway between it and the adjoining stand, whichever is closest, are clear of debris and clean of litter. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); Res. 290695A (06/29/95); Res. 280591a (05/28/91); prior code § 3.05.370]

3.20.230 Pricing.

The Fireworks Commission shall establish a minimum pricing schedule to be included in its annual regulations. [Res. 280591a (05/28/91); prior code § 3.05.380]

3.20.240 Regulation of signs.

All signs shall be securely attached to the fireworks stand. No sign shall intrude into an alley or aisle-way nor shall any sign exceed 16 feet in height from ground elevation. Approval for placing a sign on the fence to the on-site location may be obtained in accordance with the procedures provided in the annual regulations. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.390]

3.20.250 Chapter and regulations to be posted.

Each licensee shall display in a prominent place within his or her firework stand a copy of this chapter and a copy of the current regulations. [Res. 280591a (05/28/91); prior code § 3.05.400]

Subchapter 5. Operation of Stands Not Selling Fireworks

3.20.260 General provisions.

Unless otherwise stated within this chapter, the provisions of PTC 3.20.160 through 3.20.250 apply equally to the operation of those stands not selling fireworks. [Res. 280591a (05/28/91); prior code § 3.05.510]

3.20.270 Food concession license – On-site.

Any Tribal member may apply for a license to sell food and nonalcoholic beverages during the fireworks season in the area set aside by the Tribe for fireworks sales on Tribally owned trust property. No license shall be issued to a person who owes unpaid monies for fines or food concession fees from prior fireworks seasons. Licensees shall comply with all applicable licensing requirements and conditions set forth in this chapter and the annual regulations (Chapter 3.20R PTC), including size limitations and lighting restrictions. [Res. 270697 (05/27/97); Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.520]

3.20.280 Qualification of operator.

Concessions shall be sold only by the licensee or his or her operator. The licensee’s operator shall be either:

(a) The licensee, provided he or she has a valid food handler’s card; or

(b) Any Native who has a valid food handler’s card, and if under 18 years of age is supervised by a Native adult 18 years of age or older who has a food handler’s card. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); Res. 290695A (06/29/95); prior code § 3.05.525]

3.20.290 Persons required to be present during business hours.

The licensee or an operator defined by PTC 3.20.280 must be present at all times the concession stand is open for business. [Res. 060696C (06/06/96); Res. 290695A (06/29/95); prior code § 3.05.526]

3.20.300 Cleanliness.

(a) All food concession stands shall be operated in a safe, clean and sanitary manner. All cooked food must be prepared on the premises or in a kitchen with a food service license. Disposable dishes, bowls, cups, glasses, and utensils shall be used when serving food, and disposable gloves shall be worn when handling food.

(b) Food concession stands shall be periodically inspected by a health inspector designated by the Puyallup Tribal Health Authority.

(c) In the event a food concession stand is deemed either unsafe, unclean or unsanitary by the health inspector, he or she and Tribal Law Enforcement or the Fireworks Commission shall order the stand closed until such time as the unsafe, unclean or unsanitary condition is rectified.

(d) Because limitations of electricity consumption are necessary, no more than 20 amps per stand shall be consumed at one time.

(e) Barbecues and gas appliances must be in the back or side of the stand to assure protection of the workers and customers from fumes and fire.

(f) Penalties, fines and closures will be imposed if public health is at risk or there is flagrant disregard for safety or sanitary conditions. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.530]

3.20.310 Fire extinguisher.

Each food concession stand shall have on its premises at least one fully charged fire extinguisher, size No. 10 or greater having a rating of ABC. [Res. 280591a (05/28/91); prior code § 3.05.540]

3.20.320 Concessionaires not selling food or beverages.

Any Puyallup Tribal member may apply for a one-day permit to sell products which do not compete with those sold in the food concession stands licensed to do business on Tribally owned trust lands. Such license shall be issued upon payment of a fee set annually by the Fireworks Commission. One-day permit concessionaires shall abide by all applicable fireworks ordinance provisions and annual fireworks regulations, including, but not limited to, the Native employment requirement. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.550]

Subchapter 6. Prohibitions

3.20.330 Selling without a license.

No person shall sell any goods, food, or fireworks without a fireworks license issued by the Tribe. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.605]

3.20.340 Banned fireworks.

No person shall possess, transport, discharge or offer for sale any devices described in 16 C.F.R. 1500.17(a)(3), (8) and (9), which is hereby incorporated within this chapter and set forth in the attached appendix. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.610]

3.20.350 Compliance with federal regulations.

No person shall possess, transport, discharge or offer for sale any firework or explosive device which does not comply with the requirements of 16 C.F.R. 1507, which is hereby incorporated within this title and set forth in the attached appendix. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.620]

3.20.360 Labelling.

No person shall possess, transport, discharge or offer for sale any fireworks which are not labelled as provided in 16 C.F.R. 1500.14(b)(7), which is hereby incorporated within this title and set forth in the attached appendix. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.630]

3.20.370 Minimum price scale.

No person shall sell fireworks below a minimum price established by the Fireworks Commission in the annual regulations. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.640]

3.20.380 Discharge of fireworks.

No person, except those specifically authorized by the Commission, shall ignite or set off fireworks of any class within 1,000 feet of any sign prohibiting such conduct. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.650]

3.20.390 Firearms.

No person except duly commissioned Law Enforcement Officers shall possess firearms on Tribally owned trust lands designated for the sale of fireworks during the fireworks season. Prohibited firearms are subject to confiscation and forfeiture. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.660]

3.20.400 Possession – Alcohol and drugs.

No person shall possess alcoholic beverages or illegal drugs or both while on Tribally owned trust lands designated for the sale of fireworks during the fireworks season. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.670]

3.20.410 Intoxication.

No person, intoxicated through the ingestion of alcohol or drugs (legal or illegal), shall be allowed on those Tribally owned trust properties designated for the sale of fireworks. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.680]

3.20.420 Burning.

No person shall burn fireworks cartons or other combustible material on Tribally owned trust lands during the fireworks season. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.690]

3.20.430 Solicitation.

No person shall solicit or offer for sale any product or service on Tribally owned trust lands during the fireworks season other than those products or services authorized by this title or the regulations issued in accordance with its provisions. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.700]

3.20.440 Driving between aisles.

No person shall drive a motor vehicle, including motorcycles or mopeds, between the aisles separating the fireworks stands between the hours of 10:00 a.m. and 11:00 p.m. during the fireworks season. [Res. 060696C (06/06/96); Res. 210691 (6/21/91); prior code § 3.05.710]

3.20.450 Bicycle riding.

No person shall ride bicycles, skateboards, rollerskates or rollerblades between the aisles, around parking areas or near the concession stands. [Res. 060696C (06/06/96); Res. 290695A (06/29/95); prior code § 3.05.715]

3.20.460 Dogs and boom boxes.

No dogs or loud boom boxes shall be allowed in fireworks sales area, around parking areas, or near the concession stands. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); prior code § 3.05.720]

Subchapter 7. Enforcement

3.20.470 Authorized searches.

Any member of the Commission or Tribal Law Enforcement Officer is authorized:

(a) To enter and search any Tribally licensed warehouse or fireworks stand in which fireworks are sold or held for sale, or to enter and search any vehicle suspected of being used to transport fireworks.

(b) Such entry and search shall be made only when a Commissioner or Tribal Law Enforcement Officer has reasonable grounds to believe that the area to be searched contains evidence of a violation of the provisions of this chapter. [Res. 270597 (05/27/97); Res. 280591a (05/28/91); prior code § 3.05.810]

3.20.480 Authorized inspections.

Any member of the Commission or Tribal Law Enforcement Officer is authorized:

(a) To enter and inspect any Tribally licensed warehouse or fireworks stand in which fireworks are sold or held for sale, or to enter and inspect any vehicle used to transport fireworks.

(b) Such entry and inspection shall be made at reasonable hours and conducted in a reasonable manner. [Res. 270597 (05/27/97); Res. 280591a (05/28/91); prior code § 3.05.820]

3.20.490 Issuance of citation.

Any member of the Commission or Tribal Law Enforcement Officer, having reasonable grounds to believe that a person has violated any provision of this chapter, shall issue a citation directing the person and appropriate licensee, if applicable, to appear in Tribal Court. Copies of the citation shall be given to the person suspected of committing the violation, the licensee, the prosecutor, the Tribal Court, and the Chair or Vice-Chair of the Fireworks Commission. [Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.830]

3.20.500 Commissioner’s hearing to suspend or revoke a license.

Following issuance of a citation constituting a violation of this chapter and an immediate threat to the health or safety of the public, a panel of three or more Commissioners may suspend or revoke a person’s wholesale and/or retail license for a portion or the remainder of the current fireworks season. Any action taken by the Fireworks Commission must be in writing and signed by all the panel members. Notice of this action shall be promptly provided to the affected stand owner. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.835]

3.20.510 Appeal of panel’s decision.

A licensee shall have the right to appeal to a majority panel of Commissioners by delivering a written notice of appeal, signed and dated, to a designated stand within 24 hours. A majority panel of Commissioners shall convene and take action no later than 24 hours from receipt of the notice of appeal, or the panel’s decision may be appealed to Tribal Court. All decisions of this appellate panel may be appealed to Tribal Court. [Res. 270597 (05/27/97); Res. 060696C (06/06/96); Res. 280591a (05/28/91); prior code § 3.05.836]

3.20.520 Suspension of license for failure to appear.

Any licensee or agent of the licensee who has been ordered to appear in Court by subpoena or other mandate and who fails to appear as ordered shall have his or her license suspended and/or right to sell fireworks suspended until such time as the licensee or agent of the licensee appears as ordered. [Res. 280591a (05/28/91); prior code § 3.05.840]

3.20.530 Final judgment.

There shall be no appeal from the judgment of the Tribal Court. [Res. 280591a (05/28/91); prior code § 3.05.540]

3.20.540 Enforcement authority.

Tribal Law Enforcement or the Fireworks Commission shall enforce provisions of this chapter. [Res. 060696C (06/06/96); prior code § 3.05.855]

Subchapter 8. Penalties

3.20.550 Penalties – Generally.

Unless otherwise stated herein a person convicted of a violation of this chapter or a provision of the regulations issued under its authority shall be punishable by a fine of not more than $5,000. In addition, the Tribal Court or the Commission may suspend or revoke, as provided in PTC 3.20.500, a person’s license or operator’s authority for a portion or the remainder of the current fireworks season. [Res. 060696C (06/06/96); Res. 290695A (06/29/95); Res. 280591a (05/28/91); prior code § 3.05.910]

3.20.560 Confiscation and forfeiture of illegal fireworks.

All fireworks which do not comply with the requirements of this chapter or the regulations issued under its authority shall be subject to immediate confiscation and forfeiture and shall be enforced by the Puyallup Tribal Law Enforcement or the Puyallup Tribal Fireworks Commission. [Res. 060696C (06/06/96); Res. 290695A (06/29/95); Res. 280591a (05/28/91); prior code § 3.05.920]

3.20.570 Selling illegal fireworks.

A person convicted of selling fireworks prohibited by this chapter (PTC 3.20.340) or which do not comply with its requirements (PTC 3.20.350) shall be punishable by a fine of not less than $500.00 and not more than $5,000. [Res. 280591a (05/28/91); prior code § 3.05.930]

3.20.580 Illegal discharge of fireworks.

A person convicted of discharging fireworks in an area where such discharge is prohibited (PTC 3.20.380) shall be fined $500.00. [Res. 280591a (05/28/91); prior code § 3.05.940]

3.20.590 Selling fireworks without a license.

A person convicted of selling fireworks without a valid license (PTC 3.20.050) shall be fined $500.00. [Res. 280591a (05/28/91); prior code § 3.05.950]

Subchapter 9. Miscellaneous

3.20.600 Federal amendments incorporated herein.

It is the intent of the Puyallup Tribal Council to include as part of this chapter the requirements established by the Federal Product Safety Commission governing fireworks. Subchapter 6 of this chapter is deemed amended to conform with any change in the regulations of the Federal Product Safety Commission governing fireworks, effective upon issuance of such regulations, unless the Puyallup Tribal Council by ordinance shall direct otherwise. [Res. 280591a (05/28/91); prior code § 3.05.1010]

3.20.610 Severability.

If any provision of this chapter or the application of it to any person or circumstance is held invalid, this chapter shall be given effect without the invalid provision or application and, to this end, the provisions, section and subsections herein are declared to be severable. [Res. 280591a (05/28/91); prior code § 3.05.1020]

3.20.620 Repeal of prior acts.

All provisions of any Tribal ordinance, regulation or resolution previously enacted or adopted by the Puyallup Tribe of Indians and its Tribal Council that are inconsistent with any provision of this chapter are hereby repealed. [Res. 280591a (05/28/91); prior code § 3.05.1030]