§ 12-42. Authority to order the cessation of sales of fireworks.
Latest version.
The county fire marshal shall have the authority to immediately order the cessation
of the sale of fireworks at any business or location that is selling fireworks without
all permits as required in this code until such time as corrective actions are taken
and the required permits are obtained. Such order shall be in writing and set forth
the reason(s) for the cessation of sales. Such order shall be served upon the seller
or its contact person 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 seller. 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
seller or its contact person.
Upon notification by the county fire marshal that sales are to cease, the seller shall,
if so directed in the order to cease sales, remove their fireworks inventory 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 order may provide that the seller may, as an alternative to removing its inventory,
cease operations until such time as the required permits are obtained and during this
time, store the inventory on site if the location is secure. It shall be the obligation
of the seller to ensure that adequate security is in place during any such period
that they cease operations. At a minimum, the seller's premises or storage location,
as applicable, shall be locked or otherwise inaccessible to the general public. The
order to cease sales issued hereunder shall be in addition to any sanction otherwise
available under state law or this code.
Any person or entity ordered to cease the sale of fireworks under this section shall
be entitled to appeal such order as set forth in section 12-44.
(Ord. No. 04-020, art. 1, 7-21-04)
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