§ 24.18. Sale and Purchase of Fireworks.

(a)

Definitions.

(1)

"Seller" means any person, corporation, firm, or co-partnership engaged in the business of selling fireworks. "Seller" shall also include "Manufacturer," "Retailer," "Seasonal Retailer," "Wholesaler," and "Distributor" as defined in Chapter 791, Florida Statutes, as amended.

(2)

"Fireworks" as used herein shall have the same definition as used in Chapter 791, Florida Statutes, as amended; provided, however, that this Section shall not apply to the sale of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports.

(b)

When selling fireworks pursuant to an exception or exemption set forth in Florida Statutes § 791.02, 791.04, or 791.07, the seller of fireworks shall require the purchaser to produce a photo identification or such other documents as are needed to establish the identity of the purchaser. Additionally, the seller shall document and record for each sale:

(1)

The name, home address, and home telephone number of the purchaser;

(2)

A detailed description of the documents reviewed to establish the identification of the purchaser;

(3)

The date of the purchase or sale;

(4)

The name and home address of the salesperson making the sale;

(5)

The specific nature of the use which qualified for the exception or exemption relied upon (i.e. "a sale at wholesale", "a sale to be shipped directly out-of-state", etc.);

(6)

The manufacturer's label name and the quantity for each firework sold; and

(7)

The proof reviewed by the seller to establish the exception or exemption applied to that sale, which shall at a minimum contain the following information:

(A)

If the sale is at wholesale between manufacturers, distributors, and wholesalers who have registered with the Division of the State Fire Marshall of the Department of Insurance prior to consummating the sale, the seller shall review the actual permit or certificate issued to the purchaser by the State Fire Marshal, record its number and date of issuance, and retain a photocopy of such permit or certificate for inspection pursuant to City Fire Code § 24.18(c).

(B)

If the sale is for fireworks that are to be shipped directly out-of-state by the seller, the seller shall record the name, address, and telephone number of the common carrier who will make the delivery and the date said fireworks were delivered to that common carrier by the seller.

(C)

If the sale of fireworks is to a person holding a permit from any board of county commissioners or governing body of any municipality in the State of Florida prior to consummating the sale, the seller shall review the actual permit; and record the date of the permit, the permit number, and the identity of the governing body issuing the permit; and retain a photocopy of the permit for inspection pursuant to City Fire Code § 24.18(c).

(D)

If the sale is for the use solely and exclusively in frightening birds from agricultural works or fish hatcheries to a person who has previously filed a statement in writing, with the Sheriff of the county in which the person is engaged in agricultural works or the operation of a fish hatchery, which statement complies with the rules of the Department of Agriculture and Consumer Services, the seller shall prior to consummating the sale review an actual copy of said statement; record the date of the statement, the address of the agricultural use or fish hatchery, and the identity of the Sheriff with whom the statement was filed; and retain a photocopy of the statement for inspection pursuant to City Fire Code § 24.18(c).

(E)

If the sale is to a proposed purchaser who does not comply with subparagraphs 7(A) or 7(B) above, or does not hold a permit or statement as described in subparagraphs 7(C) or 7(D) above, then the purchaser shall obtain a permit issued by the City of Orlando establishing that the purchaser qualifies for an exemption under Florida Statutes § 791.02, 791.04, or 791.07, and the seller shall review and photocopy the permit; record the date of the permit and the permit number, and retain a photocopy of the permit for inspection pursuant to City Fire Code § 24.18(c).

(c)

The information required to be photocopied or recorded in sub-section (b) above shall be available for review, inspection, numbering, and/or copying by the City or its agent at the location where the fireworks are being sold during the period that fireworks are being sold. Additionally, said information shall be retained by the seller for a period of one year from the date of sale, and if requested by the City or its agent, shall be produced for review, inspection, numbering, and/or copying at City Hall during normal business hours. The request of the City or its agent shall be in writing and served upon the seller by certified mail, return receipt requested, or by hand delivery to the seller at the last known address of such seller. The seller shall produce the requested information to the City or its agent within five (5) business days after receipt of the written request.

(d)

Any person, corporation, firm, or co-partnership purchasing fireworks pursuant to Chapter 791, Florida Statutes, shall, upon request, provide to any law enforcement officer or code enforcement officer proof of his/her exempt status, as required herein.

(e)

Any law enforcement officer or code enforcement officer may seize any fireworks from any purchaser who at the site of the sale refuses to or fails to provide proof of his/her exempt status as required herein.

(f)

It is unlawful for any seller, as defined herein, to sell fireworks without first obtaining, documenting and recording the information required to be recorded in § 24.18(b) above.

(g)

It is unlawful for any seller of fireworks to fail to retain the information or records required to be recorded under this Section for a period of one year from the date of sale or to fail to make said information or records available for review, inspection, numbering, and copying as above provided.

(h)

It is unlawful for any seller of fireworks to fail to produce the information required to be recorded and retained under City Fire Code § 24.18(b) and (c) above within the time limits prescribed herein after the written request of the City or its agent.

(i)

It is unlawful for any person, corporation, firm, or co-partnership to misrepresent, misstate, or falsify a statutory exemption under Chapter 791, Florida Statutes for the purpose of inducing a sale of fireworks.

(j)

Penalties.

(1)

Each violation of this Section shall constitute a separate offense punishable as provided in § 1.08 of the City Code.

(2)

In addition to the penalties set forth in § 24.18(j)(1) above, City Fire Code § 24.18(d) and (i) may be enforceable through the use of code enforcement processes as described in Chapter 5 of the City Code.

(k)

Permits reflecting that a person meets the requirements for an exemption under Chapter 791, Florida Statute may be obtained from the Orlando Fire Department by providing to said Department such information as may be reasonably required to establish that said person qualifies for said exemption. A permit may be valid for up to twelve (12) months from its date of issuance. There shall be no charge for said permit.

(l)

The Orlando Fire Department shall either issue a permit or deny a request for a permit as soon as is reasonably practical, but in no event later than three (3) business days of receiving a request for a permit and its supporting information. If an applicant is dissatisfied with the decision of the Orlando Fire Department, the applicant may appeal the decision to the local Board of Appeals.

(Ord. No. 2017-23, § 2, 5-15-2017, Doc. #1705151205)