FIREWORK SALES PERMIT APPLICATION
SUMMARY OF RULES PERTAINING TO RETAILER OF FIREWORKS LICENSES
This summary of the laws and rules pertaining to the retail sale of fireworks shall not replace a thorough understanding of the Colorado Fireworks Act (Title 12, Article 28, C.R.S.) and the Rules and Regulations promulgates by the Colorado Department of Public Safety there under.
1. The only activity permitted under any permit issued pursuant to this application, is the sale (or possession/storage with intent to sell) permissible fireworks at retail to the public. Permissible fireworks are defined in C.R.S. 12-28-101(8).
2. No Retailer of Fireworks may sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks which have not been purchased by a wholesaler licensed by the State of Colorado. The Retail shall keep a copy of each invoice for fireworks purchased from a wholesaler and such invoice must show the license number of the wholesaler. Such records must be available for inspection and maintained for so long as any fireworks included on the invoice are held in the Retailers possession.
3. Prior to the start of any permitted activities, the license holder must obtain a permit from the City of Fountain Fire Department, Fire Prevention Division. The Retailer of Fireworks License and all required permits must be prominently displayed at retailer's place of business.
4. For all sales, the retailer must verify that the purchaser is over sixteen years of age by way of inspecting the purchaser's driver's license or other state issued identification card. Warning signs required by C.R.S. 12-28-102(4).
5. Any violation of the Colorado Fireworks Act and the Rules and Regulations promulgated by the Colorado Department of Public Safety there under shall be cause for suspension or revocation of any fireworks licenses held by the applicant and may result in criminal prosecution pursuant to C.R.S. 12-28-110.
PERMIT REQUIREMENTS
1. License required. No permit shall be issued to any person to sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks for retail, unless said person is licensed by the State of Colorado as a fireworks retailer.
2. Sale and retail display. No person shall construct a retail display nor offer for sale any fireworks upon highways, sidewalks, public property or in Group A or E occupancies.
3. Permit restrictions. The fire code official is authorized to limit the quantity of fireworks permitted at a given location. No person possessing a permit for storage of explosives at any place shall keep or store an amount greater than authorized in such permit. Only the kind of explosives specified in such a permit shall be kept or stored.
4. Dale of Fireworks limited. The retail sales of fireworks is limited to a period of May 31st through July 6th.
5. Sale of Fireworks to Juveniles. No person under sixteen years of age may purchase or sell any fireworks, including permissible fireworks.
6. Financial responsibility. Before a permit is issued as required by Section 5601.2 of the IFC 2015, the applicant shall file with the City of Fountain a corporate surety bond in the principal sum of $100,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in hie or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.
7. Permit Fee. A permit fee of $300.00 shall be paid upon application for a retail sale for fireworks.
8. Storage. Where the temporary storage of permissible consumer fireworks, 1.4G is allowed by section 5601.1.1.3 of the IFC 2015, exception 4, and such storage shall comply with the applicable requirements of NFPA 1124.
VIOLATION - PENALTY:
It is unlawful for any person to violate any of the provisions of this Code. Violations of this code shall be cause for suspension or revocation of any fireworks permit held by the applicant and may result in criminal prosecution. Every person convicted of a violation of any provision set forth in this Code shall be punished by a fine of nor more than One Thousand Dollars ($1,000.00) or by imprisonment not exceeding one year, or both such fine and imprisonment. Each and every day during which such violation shall occur and continue to occur shall be a separate offense.