2472ORDINANCE NO.2472
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 4, OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR, NEBRASKA, BY AMENDING SECTIONS 7-401, 7-402, 7-404, 7-405,
AND 7-406 IN REFERENCE TO THE TERMS, DAYS AND HOURS OF SALE, DISCHARGE,
LICENSE REQUIRED AND SALE OF FIREWORKS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND PROVIDING FOR THIS
ORDINANCE TO BE PUBLISHED IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Section 7-401 of the Municipal Code of the City of Blair, Nebraska is hereby
amended as follows, to wit:
See. 7-401 TERMS DEFINED. "Community Betterment" shall mean that which generally
betters or enhances the community of the city, which shall include, but is not limited to (1) the
acquisition, improvement, and maintenance of parks and recreational facilities, public equipment
and other items for community use and enjoyment to be used by the city in service to the
community; (2) the recruitment and attraction of new businesses and jobs to the community; (3)
athletic programs for the community, charities who provide social services in the city, and youth
programs and organizations; and other acquisitions, services, or programs of general benefit to the
city community. "Fireworks" shall mean any composition or device designed for the purpose of
producing a visible or audible effect by combustion, deflagration or detonation, and as may be
otherwise defined in Titles 49 or 16 of the Code of Federal Regulations. "License" shall mean a
permit issued by the City authorizing the licensee to engage in the business of retail sales of
fireworks within its corporate limits, but not within its extraterritorial jurisdiction.
"Net Proceeds" shall mean gross sales less the cost of fireworks, permit fee, rental or lease
expense, advertising, wages, and salaries paid to staff and personnel, and similar costs of operation
of the firework stand. Any remuneration paid or given to persons performing services in
connection with the sales of fireworks shall be deemed a cost of operation.
"Non -Profit" shall mean any organization lawfully organized with the State of Nebraska and
which is recognized by the Internal Revenue Code as a 501(c)(3) organization.
"Outlet" shall mean a location or place of business within this city at which the licensee is
authorized to engage in the retail sale of fireworks.
"Permissible Fireworks" shall mean only sparklers, Vesuvius fountains, spray fountains, torches,
color fire cones, star and comet type color aerial shells without explosive charge for the purpose
of making a noise, lady fingers not to exceed 50 milligrams in weight, color wheels, and any other
fireworks approved by the state fire marshal by virtue of Neb. Rev. Stat. §28-1252. It shall also
include poppers, caps, and fireworks of any description which are authorized for possession and
use at (a) exhibitions or displays approved by the state fire marshal and (b) public exhibitions and
displays held under the auspices of any governmental subdivision of this state and which otherwise
conform to all laws, rules and regulations.
"Sale" shall mean barter, exchange or gift or offer thereof and each such transaction made by
person, whether as principal, proprietor, agent, servant or employee.
"Vendor" shall mean a person, business, or entity, in which holds is the fireworks wholesaler or
for -profit applicant for a license. (Amended by Ordinance 1997 03/23/2004, Ordinance 2472
2/22/2022)
Sec. 7-402 DAYS AND HOURS OF SALE, DISCHARGE, AND POSSESSION. It shall be
unlawful for any person within the City of Blair to offer for sale, discharge, ignite, use, explode
or set off any permitted fireworks as set forth in Sec. 7-401 at any time except between the hours
of 8:00 o'clock a.m. and 10:30 o'clock p.m. between June 25th and July 2 and between the hours
of 8:00 o'clock a.m. and 11:30 p.m. between July 3 and July 4, inclusive, of each year, except any
public display that maybe approved by the City fiom time to time. It shall be unlawful for any
person within the City to have in his/her possession any fireworks which are prohibited from being
sold, used, or discharged by the provisions of this Section or the previous Section. If any person
shall have in his possession any fireworks which are prohibited from being sold, a warrant may
be issued for the seizure of the fireworks, the same shall be safely kept by the Chief of Police to
be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the
offender shall be discharged, the fireworks shall be returned to the person in whose possession
they were found. (Penalties refer to Sections 7-501 through 7-503 or Addendum to Code
Violations Bureau Fee Schedule). (Amended by Ordinance 2038 06/14/2005) (Amended by
Ordinance 1998 03/23/2004; Ordinance 2140 06/10/2008; Ordinance 2249 07/09/2013,
Ordinance 2472 2/22/2022)
Sec. 7-404 [RESERVED FOR FUTURE USE]
Sec. 7-405 LICENSE REQUIRED. In addition to any license to sell fireworks which may be
required to be issued by the state fire marshal pursuant to the Revised Statutes of Nebraska, it
shall be unlawful for any person to sell or engage in the sale of fireworks within the city limits of
Blair, Nebraska without first having obtained a license issued by the City Clerk and payment of
an annual license fee in the amount of $5,000.00 for each retail outlet. The applicant/license
holder must be a non-profit entity that is located within the City of Blair, Nebraska. Each
application must be received between February 15th and March 15th of that calendar year at the
City of Blair Offices. Each license issued shall be valid only for the calendar year in which it is
issued and shall be displayed at all times within the outlet of the license holder to which it applies.
The City of Blair will only have three (3) licenses each calendar year. An individual non-profit
entity shall be allowed to submit up to two (2) applications for a license with a non-refundable
application fee of $100.00 per application. A Vendor may not be listed on more than six (6)
applications by non-profit entities. All applications must be accompanied by a bank draft or
certified cashier's check in the amount of the annual application fee. If an application is not
accompanied by an appropriate bank draft of certified cashier's check, the application is
incomplete and will not be accepted. If there are more applications than licenses available, each
eligible application will have its application submitted to a lottery wherein the license holders for
that year shall be drawn by the City Clerk. No non-profit entity shall be awarded a second license
until all other eligible non-profit entities have been selected. If required, the lottery will be on or
before March 20th of each year, or the following Monday if the 20th falls on a weekend.
All vendors awarded a license in Blair will have five (5) days after the public drawing to
pay the license fee of $5000 per license awarded. If payment is not received within the five (5)
days, a new application will be selected.
All vendors must provide valid liability insurance of at least one million dollars
($1,000,000.00) with City named as additional insured party.
A license for sale of fireworks from the State Fire Marshal's Office must be granted and a
copy of the license submitted to the city by April 30 of each year.
A Vendor must use at least 25% of the net proceeds towards Community Betterment within
the City of Blair. The Vendor shall file with the City Clerk by December 31 st of the calendar year,
the reported income from the sale of its fireworks within the City of Blair, a written statement of
the net proceeds from such sales, and a statement of its community betterment expenditures made
from the net proceeds from the sale of fireworks. If a Vendor does not comply with this
Ordinance, it will not be eligible to sell fireworks within the City of Blair in the future. (Amended
by Ordinance 2000 03/23/2004; Ordinance 2216 01/24/2012; Ordinance 2472 2/22/2022)
SECTION 4. Section 7-406 of the Municipal Code of the City of Blair, Nebraska is hereby
amended as follows, to wit:
Sec. 7-406 SALES AND STORAGE; LOCATION PERMITTED, SAFETY. No fireworks
shall be stored within or without, nor displayed at or sold from, any building structure, stand or
otherwise, whether or not the same is licensed outlet, within 100 feet from any service station or
other establishment selling or storing gasoline, kerosene or other flammable or explosive liquids,
gases or other combustible materials, nor within or without, displayed at or sold from, any
structure or building of a permanent nature; and may be sold only from a temporary structure or
stand erected and used solely for such purposes only at the Veterans Memorial Field parking area
located at 13th & Butler Streets in the City of Blair. Said location will safely hold a maximum of
three (3) fireworks outlets. Each licensee will have a total area 75' x 80' to erect their storage and
sales outlet. Due to new space restraints at Vet's Field, all tents can be no larger than 40 x 40
to allow for setup of the tent along with storage of all trailers and trash containers. No 40 x 80
tents will be allowed even if the same vendor is awarded two licenses. All Vendors are required
to meet the minimum State Fire Marshal standards on setback requirements. No tent can be
installed prior to June 22. Each successful bidder will be required to furnish trash service providing
ample trash containers to handle their own trash accumulation with a trash hauler that is
licensed with the City of Blair. All trash related to firework business is required to be
cleaned up daily. The City will provide one I I0-volt, 15-amp outlet for each of the spaces.
Except as otherwise exempted or permitted by this Ordinance, the location, placement and use of
all licensed outlets shall be governed by applicable zoning, building and subdivision codes which
have been, or may in the future be, adopted by the City of Blair. Reasonable discretion is hereby
vested in and delegated to the City Clerk with reference to the granting or disapproval of all
applications for fireworks licenses, and the physical placement of temporary structures or stands
upon all premises intended to be licensed and used for the sale of fireworks. All licensed sales
and storage outlets shall be subject to inspection at all times by the Fire Chief, Building Inspector
and State Fire Marshal. (Amended by Ordinance 2001 03/23/2004; Ordinance 2/22/2022).
SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 6. That this ordinance shall be in force and take effect from and after its
passage, approval and publication as provided by law.
PASSED AND APPROVED THIS 22ND DAY OF FEBRUARY, 2022.
CITY OF BLAIR, NEBRASKA
By G:�—/ ��
RICHARD SEN, YOR
BRENDA WHEELER, CITY CLERK
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BRENDA WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a
regular meeting of the Mayor and City Council of said City held on the 22nd day of February,
2022.
BRENDA WHEELER, CITY CLERK
State of Nebraska, County of Washington
Mark Rhoades, Being by me first duly sworn,
deposes and says that he is the Publisher o
the Pilot -Tribune , a legal weekly newspaper
printed and published at Blair, in Washington
County, Nebraska and of general circulation in
said County and State: that said newspaper
has a bona fide circulation of more than 3000
copies weekly, in said County: and has been
published in said County for more than 52
successive weeks prior to the first publication
of the attached notice, that the attached
notice was published in said newspaper for 1
consecutive week(s) being the issues of.
3/1/2022
Date(s)
Mark Rhoades, Public er
Subscribed in my presence, and sworn to
before me this date:
March 1, 2022
Notary
C=Pt_R4L NOTARY • State of Nebraska
!! SHAUNA GERKE
f 1y Comm. Exp. July 24, 2023
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