2491ORDINANCE NO. 2491
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 FOR A PILOT PERIOED OF TIME;
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:
Sec. 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 malting 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 25t" 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 from 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 1" and March 15"' 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. For
One (1) year only, 2023 only, the City of Blair will allow unlimited firework licenses to vendors
with a Blair non-profit application/license holder as a pilot program.
All applications must be accompanied by a bank draft or certified cashier's check for the
$5,000 . 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.
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.
All vendors must submit written proof that they have a location within the City of Blair to
conduct their firework sales as allowed under Sec. 7-406 below with the application. The City of
Blair reserves the right to refuse issuance of the license if the location or the proof does not comply
with this ordinance.
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 Cleric by December 31St 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;
Ordinance 2491 11/22/2022)
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 a location located within CCB Central
Business District or ACH Agricultural/Highway Commercial District as adopted in the City of
Blair planning and zoning code. The Vendor must submit written proof that the property owner
and/or business consents to the location being used for fireworks sales. Furthermore, the City of
Blair reserves the right to deny a license based on the location or proof not complying with this
Ordinance. There will be no firework sales at Vet's Field in Blair, Nebraska. There must be
ample storage and trash containers at the location. 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. 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 2472 2/22/2022; Ordinance
2491 11/22/2022).
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 NOVEMBER, 2022.
CITY OF BLAIR, NEBRASKA
By --
RICHARD HANSEN, MAYOR
ATTEST:
WHEELER, CITY
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BRASKA )
reu 1 119 ) :ss:
WASHINGTON COUNTY )
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 November,
2022.
BRENDA WHEELER, CITY CLERK
State of Nebraska, County of Washington
Chris Rhoades, Being by me first duly sworn,
deposes and says that he is the Associate
Publisher of the Enterprise, 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 consecutive week(s) being the
issues of.
12/30/2022
C:7 �ate(s)
---�.»
Cli' hoades, Associate Publisher
Subscribed in my presence, and sworn to
before me this date:
December 30, 2022
Notary
GENERAL NOTARY • State of Nebraska
ip SNAUNA GERKE
My Comm. Exp. July 24, 2023
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