HomeMy WebLinkAbout2003-089 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 03-89
APPROVING ANNUAL FIREWORKS PERMIT FOR SUPERTARGET
WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled
meeting on June 9, 2003, and;
WHEREAS, the Lino Lakes City Council discussed approval of an annual permit for the
sale of fireworks at SuperTarget, and;
WHEREAS, the City of Lino Lakes has conducted an investigation of the applicants,
and;
WHEREAS, SuperTarget is in compliance with City Ordinance No. 06 -02 Concerning
Sale, Possession, and Use of Consumer Fireworks, and;
WHEREAS, SuperTarget appears to take into consideration the best interest of the City
of Lino Lakes, and;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino
Lakes hereby approves the annual permit for the sale of fireworks for SuperTarget,
subject to all the fees, provisions and conditions of the laws of the city, state and of the
federal government.
Adopted by the Lino Lakes City Council this 9 1 day of 2003.
Jo Ber son, lGlayor
ATTEST:
Memo
Lino Lakes Police Department
To Ann Blair, City Clerk
From Renee Kaulfuss, Office Manager
Dated June 3, 2003
Rex Super Target — Fireworks License
A record check was performed on the license application for Super Target The following individuals,
John Kram, Robert Polster and John Shabelski are all dear, no criminal record on file.
If you have any questions, please feel free to give me a call
1
AGENDA ITEM 4A
STAFF ORIGINATOR: Ann J. Blair, City Clerk
MEETING DATE: June 9, 2003
TOPIC: Resolution No. 03 -89, Approving New Fireworks
Permit for SuperTarget Store
VOTE REQUIRED: Simple Majority
BACKGROUND:
Attached is a resolution approving an application for a Fireworks Permit submitted by
SuperTarget. As you may be aware, this is a new permit; SuperTarget was not previously
aware that the City had an Ordinance in place in regard to sale of fireworks within the City.
Prior to recommencing sale of legal fireworks products, Council approval of a fireworks
p is required, under City Ordinance No. 06 -02.
The Lino Lakes Police Department conducted a background investigation relevant to this
business and found no problems, nor any reason to deny the application. A copy of the
report is attached.
In accordance with Lino Lakes City Ordinance No. 06 -02, City Code, Section 1002.10,
Concerning Sale, Possession and Use of Consumer Fireworks, this business meets the
qualifications for a Fireworks Permit. Sale of fireworks is also regulated by state statute,
and new legislation was enacted just last week which has a bearing upon this application.
Sale of fireworks is further regulated by National Fire Protection Association (NFPA)
Standards; in this case, NFPA Standard 1124 applies.
In order to address two provisions of the newly enacted legislation (which is already in
effect) which are not consistent with Ordinance No. 06 -02, Staff has agreed to reduce the
amount of the fees and to reduce the amount of liability insurance required. The applicant
agrees with this approach. Therefore, the annual permit fee in this case will be $100, and
the amount of liability insurance will be $300,000.00.
The remaining provisions of City Ordinance No. 06 -02, which are not inconsistent with
new legislation, remain in full force and effect.f The applicant is required to check photo
identification of purchasers, as sales to persons unider age 18 is prohibited. An annual
police background investigation fee of $150 (individual) or $350 (corporate) will then
apply for renewals, and annual compliance checks will be required.
The applicant is fully aware license approval is subject to all the fees, provisions and
conditions of the laws of the city, state and of the federal government.
OPTIONS:
1. Approve Resolution No. 03 -89 for Fireworks Permit for SuperTarget.
2. Deny Resolution No. 03 -89 for Fireworks Permit for SuperTarget.
RECOMMENDATION:
Option 1.
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leg. state.mn.usjcgi- binigetbill.pl? session= ls838cversion= latest&number= HF748&session number= 0&session_year =2003
or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, and drop pops, each
consisting of not more than twenty -five hundredths grains of
explosive mixture. The use of items listed in this paragraph is
not permitted on public property. This paragraph does not
authorize the purchase of items listed in it by persons younger
than 18 years of age. The age of a purchaser of items listed in
this paragraph must be verified by photographic identification.
(d) A local unit of government may impose an annual license
fee for the retail sale of items authorized under paragraph
(c). The annual license fee
the business of selling only
paragraph (c) may not exceed
each other retail seller may
government may not:
(1) impose any fee or char
of each retail seller that is in
the items authorized under
$350, and the annual license of
not exceed $100. A local unit of
ge, other than the fee authorized
by this paragraph, on the retail sale of items authorized under
paragraph (c);
(2) prohibit or restrict the display of items for retail
sale authorized under paragraph (c); or
(3) impose on a retail seller any financial guarantee
requirements, including bonding or insurance provisions,
containing restrictions or conditions not imposed on the same
basis on all other business licensees.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
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Monday, Jun 02, 2003 09:29 AM
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