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12 <br /> MEMORANDUM <br /> TO: Sue Hall <br /> FROM: Jerome P. Gilligan <br /> DATE: May 22, 2003 <br /> RE: Proposed Fireworks Ordinance & Minnesota Statutes, Section 624.20, as <br /> amended by the 2003 Legislature <br /> Enclosed please find a proposed ordinance that addresses license fees and regulation of <br /> the sale and use of Consumer Fireworks. <br /> A new law that is awaiting the Governor's signature will restrict the authority of cities to <br /> regulate the sale of Consumer Fireworks. Under the new law, a city may not (1) charge an <br /> "...annual license fee of.each retail seller..." in excess of certain amounts, (2) "prohibit or restrict <br /> the display of items for permanent or temporary retail sale...that comply with National Fire <br /> Protection Association Standard 1124 (2003 edition) ("NFPA Standard 1124"), and (3) impose _ lkr <br /> bond or insurance requirements on a retail seller if such requirements are not "imposed on the <br /> same basis on all other business licensees." The actual language of the amendment to Minnesota <br /> Statutes, Section 624.20, Subdivision 1 appears below in its entirety: <br /> (d) A local unit of government may impose an annual license fee for the retail sale <br /> of items authorized under paragraph (c). The annual license fee of each retail seller that is <br /> in the business of selling only the items authorized under paragraph (c) may not exceed <br /> $350, and the annual license of each other retail seller may not exceed $100. A local unit <br /> of government may not: <br /> (1) impose any fee or charge, other than the fee authorized by this <br /> paragraph, on the retail'sale•of i(erns authorized under paragraph(c); <br /> (2)prohibit or restrict the display of items for permanent or temporary <br /> retail sale authorized under paragraph (c) that comply with National Fire <br /> Protection Association Standard 1124 (2003 edition); or <br /> (3) impose-on a retail seller any financial guarantee requirements, <br /> includiniz bonding or insurance provisions, containing restrictions or conditions <br /> not imposed on the same basis on all other business licensees. <br /> [EFFECTIVE DATE.] This section is effective the day following final enactment. <br /> Since the new law is effective the day after enactment and in anticipation that it will be <br /> signed by the Governor, in the proposed ordinance we have addressed these limitations on the <br /> ability of the City to regulate the sale of Consumer Fireworks as follows: <br /> DORSEY & WHITNEY LLP <br />