Laserfiche WebLink
13 <br /> 624.20, Subdivision I(d)(1). We have limited the license fees to the amounts provided in <br /> the new law. We have maintained the "per location" license fee language as is the case with <br /> respect to many other license fees in the City. The actual language of the new law could be <br /> interpreted to prohibit the "per location" application of license fees so that a retail seller with <br /> multiple locations may only be charged one license fee, but it does not, on its face, dictate such <br /> application. Therefore, it is within the discretion of the City to decide whether to maintain the <br /> "per location" language. If the City decides to eliminate the "per location" language with respect <br /> to the Consumer Fireworks license fees, companion language in the last sentence of 580.06 of <br /> the proposed ordinance should also be deleted. <br /> 624.20, Subdivision 1(d)(2). We have included a provision that states that retail sale <br /> displays must be in accordance with NFPA Standard 1124. <br /> Additionally, we have included fairly restrictive provisions regarding the storage of <br /> Consumer Fireworks which we understand to be consistent with NFPA Standard 1124 because <br /> the new law does not apply to storage. However, we raise as an issue for the City's consideration <br /> that Standard 1124 apparently permits the storage of up to 1,000 pounds of Consumer Fireworks <br /> rather than 100 pounds as provided in the proposed ordinance. <br /> It is possible to interpret the broad language of the new law to spare Consumer Fireworks <br /> from application of the City's existing zoning code provisions which regulate retail sales in the <br /> City and to remove the ability of the City to prohibit sales of Consumer Fireworks at non- <br /> permanent places of business. Since such an interpretation has serious implications and since the <br /> language does not clearly require such a reading, we have drafted the proposed ordinance to <br /> require that sales of Consumer Fireworks be in compliance with the zoning code and to prohibit <br /> sales of Consumer Fireworks at non-permanent places of business. However, because of this <br /> broad language, it is possible that a retail seller could challenge these provisions of the proposed <br /> ordinance. Again, this is an issue for the City to consider. <br /> 624.20, Subdivision 1(d)(3). We have removed the insurance provision suggested by the <br /> City that was included in our initial draft due to the apparent absolute prohibition in the new law <br /> unless the City imposes such requirements on all business licensees, which it does not. <br /> 2 <br /> DORSEY & WHITNEY LLP <br />