§ 10-180. Prohibition of fireworks; exceptions; permits and regulations.

(a)

Except as provided in F.S. §§ 791.02, 791.04, or 791.07, or under this article, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale at wholesale or retail, expose for sale at wholesale or retail, or use or explode any fireworks within the county.

(b)

The authority shall develop an affidavit which all sellers of fireworks within the county shall use to determine the entitlement of any purchaser at retail or wholesale to buy fireworks. It shall be unlawful for any person to sign an affidavit with knowledge that the affidavit sets forth false or misleading information calculated to qualify the person to sell or purchase fireworks.

(c)

The purchaser of any fireworks must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the purchaser is registered with the division of the state fire marshal, or is licensed as a wholesaler, manufacturer or distributor, and is otherwise in compliance with F.S. ch. 791 or entitled to an exemption under F.S. § 791.04. The seller shall retain a copy of any proof of registration presented.

(d)

The seller must maintain an on-site record of all sales, including the name and address of each purchaser, the form of the purchaser's identification presented along with any unique identifier associated with that identification (e.g. driver's license number), and, where required, proof of registration and compliance with F.S. ch. 791. If the seller determines that registration under chapter 791 is not required, then the basis for such exception or exemption shall be recorded on a form approved by the authority.

(e)

Any person, firm, partnership, or corporation who is not registered with the division of the state fire marshal and who, pursuant to F.S. § 791.04, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping all fireworks purchased to the purchaser or other recipient at an out-of-state point of delivery.

(f)

Any person, firm, partnership or corporation who, pursuant to rules promulgated by the department of agriculture and consumer services under F.S. § 791.07, purchases firecrackers for frightening birds must provide to the seller documentary evidence that the purchaser has complied with the regulations of the state department of agriculture and that the purchaser has filed with the sheriff of the county where the firecrackers will be used the statement as required by the Florida Administrative Code. The purchaser shall provide to the seller a copy of any statement so filed with the sheriff as required by the Florida Administrative Code. The seller shall be required to maintain a copy of the proof offered in addition to the information required in subsection (d).

(g)

The purchaser of fireworks to be used by a railroad or other transportation agency must provide a copy of the business license or other government issued document evidencing that the purchaser is a legitimate railroad or transportation agency. A commercial driver's license, by itself, does not meet the requirements of this section. A copy of this document must be maintained by the seller.

(h)

The purchaser of fireworks to be used in quarrying or for blasting or other industrial use must produce a copy of the quarry or mine permit or business license or other governmentally issued document showing that the purchaser is operating a mine, quarry or other industrial enterprise. The seller shall maintain a copy of this proof and note the use for which the fireworks shall be used. The seller shall also record the location where the fireworks will be used. The purchaser of fireworks to be used in a public display such as those authorized under sections 10-187 and 10-188, must produce a copy of the current permit from a county or municipality and the seller must keep a copy of this permit with the record of sale.

(i)

All appropriate local and state permits, registrations, certificates and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site.

(j)

The seller must maintain copies of the records required by this article at the location where the sale took place for a period of four years from the date of the sale. If the location of the sale was in a temporary facility, the records must be maintained at that site for the duration of the existence of the temporary facility and thereafter for the remainder of the four years in a location within the county which location shall be listed on the application for the permit from the authority. These records must be available and provided immediately upon request for inspection by fire or law enforcement officials. In the event that the sales location, other than a temporary site, closes or moves, the records required by this section to be retained must be stored at a location in the county where they will be readily available for inspection by the authority, fire officials or law enforcement. The seller shall advise the authority of any change in the location of these records.

(k)

Any person who seeks to use fireworks for signal or ceremonial purposes in athletics or sports must provide evidence of a bona fide ceremony or ceremonial purpose and describe the type of athletics or sports event for which the fireworks will be used for ceremonial purposes.

(l)

Any person who seeks to use fireworks in connection with a military organization, or organization composed of the Armed Forces of the United States, shall submit evidence that the person purchasing is a member of the Armed Forces authorized to purchase the fireworks and the nature of the use must be submitted in written format signed by a superior officer.

(Ord. No. 05-60, § 5, 12-6-05; Ord. No. 06-18, § 2, 4-11-06)