Ordinance 93-28 ORDINANCE NO. 93- 28
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 81-42, AS AMENDED, BY AMENDING ~o
SECTION 43 TO ADD A NEW SUBSECTION THREE/~-
ENTITLED "FIREWORKS AND/OR PYROTECHNIC~~ OON ]993
VENDORS"; ESTABLISHING , LICENSIN~[~
REQUIREMENTS, EXCEPT IN THE CITY OF NAPLES,\~. .~e~
FOR THE SALE OF PYROTECHNICS AND/O~
FIREWORKS; PRO% IDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Collier County ordinance No. 81-42,
as amended, designated occupations are required to secure an
occupational license from the Collier County Tax Collector; ~nd~
WHEREAS, in Chapter 791, Florida Statutes, the~ Florida
Legislature classifies fireworks as being dangerous to ~ife
limb and that the sale of a fireworks for p~ivate~
non-commercial use in Florida is generally illegal exc~t fo
limited uses at amateur sports events or to scare birds, but
that sparklers, specified novelties, trick noisemakers and
other listed items may be sold for general use within Florida;
and
WHERF2%S, the Board of County Commissioners of Collier
County, Florida, hereby determines that licensure for sales of
pyrotechnics or fireworks is desirable to protect the public
health, safety, and welfare, and that inventory approval of
such items is an appropriate use of the regulatory powers.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COM]¢ISSIONERS OF COLLIER COUNTY, FLORIDA, that:
~ECTION ONE~ AMENDMENT TO SECTION 43 OF COLLIER COU};TY
ORDINANCE NO. 81-4l, AS AMENDED.
SECTION 43 of Collier County ordinance No. 81-42, as
amended, is hereby amended to read as follows:
SECTION 43. TRADING, ETC. IN TANGIBLE PERSONAL PROPERTY
(1) Every person engaged in the business of trading,
bartering, serving, or selling tangible personal property, as
owner, agent, broker, or otherwise, shall pay a license tax of
$30.00 which shall entitle him to maintain one place of
business, stationary or movable, and shall pay $30.00 for each
additional place of business; provided that the license for
...' Words underlined are added; words =truck thro~4% are deleted.
each bulk plant or depot of wholesale dealers in petroleum
products shall be $75.00. Vehicles used by any person for the
sale and delivery of tangible personal property at wholesale
from his established place of business on which a license is
paid and shall not be construed to be separate places of
business, and no license may be levied on such vehicles or the
operators thereof as salesmen or otherwise by the county or
municipality, any other law to the contrary notwithstanding.
(2) No license shall be required under this section where
the trading, buying, bartering, serving or selling of tangible
personal property is a necessary incident of some other
business classification for which an occupational license is
required by this or another law of this state and is carried on
at the place of business licensed under such other
classification, nor shall this section apply to any person
engaged in the sale of motor vehicles or principally in the
sale at retail of gasoline and other petroleum products.
(3) FIREWORKS AND/OR PYROTECHNICS V~N~QR$.
This subsection (3) does not aPPlY within th~ ¢it¥ of
fa) Notwithstanding Subsections fl) an~ (2) abQ¥~,
every person (vendor) who desires to sell pyrotechnics and/or
fireworks in Collier County ~hall first Qbta%D a Do-See
Inventory Sales Permit from the Fire District official in the
Fire District where a ProPosed ~ales s%~e is ~ ~e ~o~te~.
(b) In construin~ this subsection (3) the followin~
words and Phrases shall mean:
1) "Fire District Official" ~r "official"
means the Fire Chief of the respective Fire District or his
designee.
2) "Fireworks" means anv o~e o 't
described as "fireworks" in ChaPter 791. Florida Statutes.
3) "Inventory Sales Permit" mea~s a permit
issued by a Fire District Official that authorizes sales of
pyrotechnics or fireworks, or both. fro~ a specific sales
Words ~ are added; words ~truck through are deleted.
4~ ,PYrotechnics" means any one or more items
that may legally be sold for ~eneral use within Florida as
defined in Chanter 791, Florida Statutes, as that Chanter (or
its successor in function) may be amended from time-to-time.
Pyrotechnics are classified as sparklers, novelties, trick
noisemakers and other things listed in. SeGtion
~lorida Statutes. or described in Section 791,01~4) ~b}, ~orida
Statutes. as not being fireworks.
5~ "Retail Sale" means all sales from any
temporary sales site or out-of-doors sales site, all sales for
end use within Florida, and all sales of Guantities less than
bulk sales irrespective of location of end use.
~) "Sales site" means the Precise location of
either inventory or sales office where sal~s ~ust b~ ~uthorized
by an Inventory Sales Permit.
(c) An ammlicant for an Inventory Sales Permi~
sell PYrotechnics must submit to the Official, on a form
furnished b~ the Official. information identifYinG the
a~Dlicant, the specific intended sales site, a complete
description of the proposed PYrotechnics sal~s inYentor¥, and
Drool that the seller, pursuant to ChaDt~r 791, Florida
Statutes, has maid the Division of the State Fire, Marsba~ of
the DePartment of Insurance the registration fee for each
reuuested sales site in Collier County.
[d) The Official shall review ~he applicant's
inventory list to determine that each item in the Dropose~
inventory f~r ~ale complies with applicable Florida Laws
pertaining to the legality of retail sale in Fl~¥ida. The
Official may. but ~s Do~ required ~o, physically inspect the
pyrotechnics inventory. Each Inventory Salcp, Permit shall
contain the applicant's name. site of sale 1Q~atlon address,
and description of all types of pyrotechnics that may be sold
at that sales s~%~ ~o that any local law enforcement official
can ascertain from the Permit whether all pyrotechnics on sit-
were approved by the Official.
76
3
Words underliDe~ are added; words ~truck thr~ug~ are deleted.
(~) .Unless the vendor already then possesses an
~.~ O¢C~Dational License for the sales site to trade in tangible
!'~'~ Personal Property as reauired in subsection ~1~ of this Section
43. the applicant must obtain the appropriate occupational
license and Day the occupational license fee.
(f) Each sales site must conspicuouslv display a~
occupational license and separate Inventory Sales Permit.
'. Pyrotechnics and/or fireworks offered for sale or sold that are
not described in the Inventory Sales Permit for the SPecific
sales site is a violation of this Ordinance,
~. (~) SALE OF FIREWORKS. This subparaaraDh (q} does
not aDD1V tO PYrotechnics only sales. All re~uirem~Dt~ i~ thi~
subsection ¢3) that apply to Dvrotechnics also aDDiV to
fireworks. AnY person or entity attemDtin~ ~O sell fireworks
at wholesale or retail, or both, ~ust qualifv for and obtain
written approval of the ProPosed fir~w0r~S ~a~e~ fro~ ~h~
: Official bv filing a Fireworks Sales APPlication in~lcatin¢~ the
types of fireworks, ~uantitv of the fireworks inventory, the
intended sales site, and Drool of current re~istratioD o$ the
sales site with the Division of the State Fire Marshal of the
Department of Insurance. The Official shall review ~he
.? Fireworks Sales APplication by aDDlVin~ Chapter 791, Florida
Statutes, and the rules relatin~ to uses of fireworks as tbeD
prescribed by the State of Florida DepaFtmeDt Of ~griculture
and Consumer Services. The Official's approval may, be for
:~. retail sales, wholesale sales, or both. Only., "~aDufacturers"
or "Wholesalers" as defined in ChaPter 791, Florida statutes,
or distributors may c~ualifv for a permit to sell fireworks at
wholesale, After such approval from the Official has been
obtained, the applicant must have or obtain.,~D., occupational
license prior to any fireworks sales~
sEcTION 2~ CONFLICT AFD SEVERABILITY.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of the
Words u~derlined are added; words otruck throug~ are deleted.
ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION 31 EFFECTIVE DATE.
This Ordinance shall take effect upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State·
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~'/ day of
, 1993.
;~:'<.;%TTEST:.' j~ ¢5, BOARD OF COUNTY COMMISSIONERS
'~"..i DWIGHT... , ,~, -. E,"~R6CK,.,.,~ . ~ Clerk COLLIER COUNTY, ,FLO~, A _
..:,:..:~ :; ·
By:
"." .'·'- BURT L. SAU~DERS, Chairman
I~i. to form and
~,h,~le'gal· sufficiency:
· i ' "~';'-"~'~.:','~: ': ~:-' ~~
· .: .:'...- .,,%.~., ,
Thomas C. Palmer
Assistant County Attorney Th~ o,~ln~
~ec.~r.~r), 9~ot~,, Offlcfttbe
-~. " ' f' received t
§
· : Words ~ are added; words ~-t~ai~e~gq% are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 93-28
which was adopted by the Board of County Commissioners on
the 2§th day of May, 1993, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of May, ].993.
DWIGHT E. BROCK '' '~ '
Clerk of Courts and Clerk,/' ....... .-2,
Ex-officio to Board of .o~..' . '" .%
County Commissioners .-~ . '".
Deputy Clerk ~[9 ""