ORD 68-04 SALE OF FIREWORKS TOWN OF WINSLOW
ORDINANCE NO.
AN ORDINANCE REGULATING THE SALE OF FIREWORKS
WITHIN THE TOWN OF WINSLOW AND PROVIDING FOR A
LICENSE THEREFOR
Section 1. Unlawful to sell without a license. It shall be unlawful
for any person, firm or corporation to engage in the retail sale or to sell
any fire works within the Town of Winslow without having first obtained a
license pursuant to the provisions of this ordinance.
Section Z. License fee. The annual license fee for the sale of
such fireworks as may be authorized hereunder or may be authorized by the
provisions of the laws of the State of Washington shall be $ ~ ~, 0 C)
per annum, payable in advance on or before the 30th day of April for the
year for which such license is sought.
Section 3. Dangerous fireworks prohibited. It shall be unlawful
for any person to sell, possess, use or explode any dangerous fireworks
within the Town of Winslow. Any item of fireworks which does not bear a
"safe and sane" registration or classification of the State Fire Marshall
in conformity with Chapter ZZ8, Laws of 1961 of the State of Washington,
shall be deemedi dangerous and prohibited by this chaper.
Section 4. Dates when sale permitted. No licensee shall sell at
retail or offer for sale any fireworks authorized to be sold herein within the
Town of Winslow except from 1Z noon on the Z8th day of ~Yune to 1Z noon on
the 5th day of July in any year.
Section 5. Dates when use permitted. No person shall use or
explode any fireworks within the Town of Winslow except from lZ noon on the
Z8th day of June to 1Z noon on the 5th day of luly of any year, provided that
this prohibition shall not apply to newly authorized public displays where the
same are authorized pursuant to the laws of the State of Washington.
Section 6. Number of retail outlets limited--transfer of license
prohibited. A license granted pursuant to this ordinance shall entitle, the
licensee to maintain only one retail outlet. All licenses issued pursuant
hereto shall be used only by the designated licensee and shall be nontransfer-
able. Any transfer or purported transfer of such a license shall be deemed
a violation of this ordinance.
Section 7. Terms and conditions for issuance of license. A
license for the sale of fireworks shall be issued only on the following terms
and conditions:
a. The applicant shall have a valid and subsisting license issued
by the State of Washington authorizing the holder thereof to engage in the
fireworks bus ine s s.
b. The applicant shall own or have the right to possess a temporary
fireworks stand complying with the standards hereinafter set forth for
temporary fireworks stands.
c. The applicant shall procure and maintain a policy or policies
of public liability and property damage insurance in a company or companies
approved by the Town of Winslow in the following amounts: One hundred thousand
dollars or more for injuries to any one person in one accident or occurence;
three hundred thousand dollars or more for injuries to two or more persons
in any one accident or occurence; fifty thousand dollars for damage to prop-
erty in any one accident or occurrence.
d. The licensee's location or place of business shall be only in
those areas or zones within the Town of Winslow wherein commercial
activities are authorized under the applicable zoning laws of the Town of
Winslow, provided that the sale of safe and sane fireworks shall not be
deemed an enlargement of an existing nonconforming use, and provided
further that no fireworks shall be sold in any residential area where a
commercial enterprise does not exist.
e. The applicant shall post with the Town of Winslow a performance
bond or cash deposit in an amount not less than fifty dollars, conditioned
upon the prompt removal of the temporary stand and the cleaning up of all
debris from the site of the temporary stand, which deposit shall be returned
to the applicant only in the event he removes said temporary stand and cleans
up all debris to the satisfaction of the proper officials of the Town of
Winslow. In the event of his failure to do so, said performance bond or
cash deposit shall be forfeited to the Town of Winslow. In no event shall
the applicant be entitled to the return of said performance bond or cash
deposit if he has failed to remove said temporary stand and clean up all
debris by the 10th day of July of each year.
Section 8. Sale from temporary stands only. All safe and sane
fireworks except "toy caps" and "sparklers !' shall be sold only from
temporary stands.
Section 9. Minimum standards and conditions for temporary
stands. The temporary stands of all licensees shall conform to the
following minimum standards and conditions:
a. Temporary fireworks · stands need not comply with all
provisions of the Building Code of the Town of Winslow, provided, however,
that all such stands shall be erected under the supervision of the Fire Marshall
of the Town of Winslow or his duly authorized representative, who shall
require all stands to be constructed in a safe manner, insuring the safety
of attendants and patrons.
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b. No temporary fireworks stand shall be located within
! C 0 feet of any other building or structure, nor within ~"~)C~
feet of any gasoline station, oil storage tank or premises where flammable
li~uld~ liquids or gases are kept or stored.
c. Each temporary fireworks stand must have at least two
exits, which shall be unobstructed at all times.
d. Each temporary fireworks stand shall have, in a readily-
accessible place, a fire extinguisher duly approved in advance by the Fire
Marshall of the Town of Winslow or his duly authorized representative.
e. All weeds, grass and combustible material shall be cleared
from the location of the temporary fireworks stand and the surrounding
area a distance of not less than twenty feet, measured from the exterior
walls on each side of said temporary fireworks stand.
f. No smoking shall be permitted in or near a temporary fireworks
stand, and the same shall be posted with proper "No Smoking" signs.
g. Each temporary fireworks stand shall have an adult in
attendance at all times. No child or children under the age of / ~
years shall be allowed inside any temporary fireworks stand.
h. All unsold stock and accompanying litter shall be removed
from said temporary fireworks stand by 12 noon on the 6th day of July of
each year.
Section 10. Application of ordinance. The provisions of this
ordinance shall apply to the sale of all safe and sane fireworks, as defined
by Chapter 228, Laws of 1961 of the State of Washington, except as to the
sales of ='toy caps" and !'sparklers." The restrictions and limitations of
this ordinance, except as to the need for a license and the time restricting
the sale of fireworks as applied to !'sparklers," shall not be applicable to
the sale of !'toy caps" and "sparklers."
Section 11. Interpretation and construction of ordinance. This
ordinance is intended to implement Chapter ZZ8, Laws of 1961 of the State
of Washington, and shall be construed in connection with said law and any
and all rules and regulations issued pursuant thereto.
Section 1Z. Enforcement. The fire marshall of the Town of
Winslow or his duly authorized representative is hereby designated as the
enforcing officer of this ordinance. That in addition to all the gounds for
revocation of licenses set forth in the general provisions of this title, any
failure or refusal on the part of a licensee to obey any rule, regulation or
request of the Fire Marshall concerning the sale of fireworks shall be
grounds for revocation of a fireworks license.
PASSED this ~'~'~ day of February, 1968.
Mayo r
Attest:
C1 e