§ 7-65. Prohibition against fireworks; exceptions; permits and regulations.

(a)

Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale, expose for sale, sell at retail, use or explode any fireworks within Polk County.

(b)

Any one person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a permit from the division. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, and shall be accompanied by a permit fee in an amount to be established by resolution of the board of county commissioners and such other information as deemed necessary by the division.

(c)

The purchaser of any fireworks from a retailer, wholesaler, distributor or manufacturer must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the buyer is registered with the Division of the State Fire Marshal and otherwise in compliance with Chapter 791, Florida Statutes.

(d)

The seller must maintain a permanent, on-site record of all sales, including the name and address of each purchaser, the form of purchaser's identification, and proof of registration and compliance with Chapter 791, Florida Statutes. If the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded.

(e)

Any person, firm, partnership, or corporation who is not registered with the division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes, 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 same to the purchaser at an out-of-state point of delivery.

(f)

Any person, firm, partnership or corporation who is not registered with the Division of State Fire Marshal and who, pursuant to Section 791.07, Florida Statutes, purchases firecrackers for frightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by the county sheriff's office pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in subsection (d) above.

(g)

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

(h)

The law enforcement agency having jurisdiction has the authority to close immediately any business that is selling fireworks without the appropriate state and local permits or in violation of any portion of this article.

(Ord. No. 94-34, § 6, 6-7-94; Ord. No. 97-12, § 1, 6-3-97)