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Thomas M. Sweeney <br />George F. Borer <br />Paul T. Ostrow <br />Douglas B. Meslow <br />Sweeney & Borer <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Str <br />St. Paul, Minnesota 55 <br />August 3, 1990 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Fire Works Permit <br />Our File No. 6621 <br />Dear Mr. Hanson: <br />Telephone <br />(612) 222-2541 <br />Facsimile <br />(612) 223 -5289 <br />As set forth in Tom Sweeney's letter of July 26, 1990, the <br />issuance of a permit for fireworks is governed by Minn. Stat. <br />§624.22. As set forth in that letter, a permit is generally <br />required for the supervised public display of fireworks. As we <br />have discussed, the permit requirement can be waived "when such <br />display is given by a municipality or fair association within <br />its own limits." <br />If the City of Little Canada takes upon itself <br />responsibility for the event, we believe the exception would <br />then apply. To the extent the volunteer organization is <br />involved in organizing and promoting the event, the City would <br />have to specifically designate that organization as an agent of <br />the City. Although such an arrangement would negate the permit <br />requirement, serious liability questions would arise. From my <br />conversations with other agencies, it is my understanding that <br />municipalities generally do not directly sponsor or organize <br />fireworks displays because of these liability concerns. <br />Prior to a public display of fireworks by the City, the <br />City should be certain that it has full and complete coverage in <br />the event of personal injury or property damage. Under the <br />standard League of Minnesota Cities Insurance Trust policy, <br />there is a specific exclusion from coverage for "bodily injury <br />or property damage arising out of the city's ownership <br />sponsorship or operation of fireworks displays or exhibitions." <br />If, as we suspect, there is a similar exclusion in Little <br />Canada's policy, the City's policy would not provide coverage. <br />In addition, it is my understanding that the company providing <br />the fireworks display is Banner Fireworks Display Co. We have <br />reviewed a Certificate of Insurance from Banner Fireworks, and <br />have noted the following exclusion: "This insurance does not <br />apply to any failure to police or clean up the display, or <br />liability arising there from." Unless Banner Fireworks Display <br />Page 44 <br />