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<br /> <br />Item #6.3 <br /> <br />, <br /> <br />MEMORANDUM <br /> <br />TO: Mayor and City Council <br /> <br />FROM: Joan Schmidt, City Clerk <br /> <br />DATE: April 18, 2005 <br /> <br />SUBJECT: Consideration of an Ordinance Amending Chapter 22, Article <br />VI Fireworks of the City Code <br /> <br />The City of Elk River is requesting ordinance amendments to these sections of Chapter 22, <br />Article VI Fireworks, of the City Code: Section 22-234: Acts prohibited without permit; <br />Section 22-252 Permit fee; and Section 22-253 Terms and conditions for issuances of permit. <br /> <br />Due to legislative changes, a city cannot restrict the sale of fireworks to only inside a <br />permanent structure but also has to allow the selling of fireworks from a truck, trailer, tent <br />or other facility that is temporary in nature. However, the City can have restrictions on these <br />temporary facilities. <br /> <br />The proposed changes to the ordinance require the applicant to both obtain a firework sales <br />license and a general planning permit if selling the fireworks outside in temporary facilities. <br />Section 22-253 lists the terms and conditions for issuance of permits to temporary facilities. <br /> <br />Since state law supersedes our ordinance, these changes are housekeeping in nature. This is <br />also why Item 3.7 (considering requests from TNT Firworks) is also on this agenda. <br /> <br />ACTION REOUESTED <br /> <br />Motion by Council to adopt Ordinance No. 05-_ amending Chapter 22 of the City Code. <br /> <br />