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HomeMy Public PortalAboutOrd 536 Amend Chap 6 Art 4 of City Code Fireworks (First published in The Ark Valley News on January 23,2014.) ORDINANCE NO: 536 AN ORDINANCE CONCERNING THE AMENDMENT OF CHAPTER 6, ARTICLE 4, OF THE CITY CODE OF BEL AIRE, KANSAS, IN CONNECTION WITH MODIFICATIONS TO THE PERMITTING PROCESS ASSOCIATED WITH FIREWORKS, ALL WITHIN THE CITY OF BEL AIRE, SEDGWICK COUNTY, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1: Amending Section 6.4.5 of the Bel Aire Municipal Code. Section 6.4.5 of the Municipal Code of Bel Aire, Kansas is amended to read as follows: Location and Number of Permitted Establishments. Up to a maximum of four (4) retail fireworks establishments or premises may be located within the City of Bel Aire, Kansas, in any given year. The location of such establishments are restricted to where retail sales are permitted pursuant to applicable zoning regulations, and any applicable provisions of the City's building codes and fire code. The determination of the actual number of permitted establishments or premises during any year, or in any area of the City, may be based upon applicable factors including, but not limited to: review by the Sedgwick County Fire Marshal, and/or any determination by the City Manager, or City Manager's designee, that health, safety and/or welfare issues exist, including interference with pedestrian and vehicular traffic. SECTION 2: Amending Section 6.4.10 of the Bel Aire Municipal Code. Section 6.4.10 of the Municipal Code of Bel Aire, Kansas is amended to read as follows: Permit Application. Applications for permits to sell consumer fireworks shall not be accepted before the first business day of January of the year for which the permit is to be issued. Preference between applications will be extended to applications received by the City Clerk of the City of Bel Aire, Kansas before the first business day of March of the year for which the permit is to be issued, and which meet one of the following criteria: 1. Certifies that the proceeds from the sale of consumer fireworks from such retail fireworks establishment located within the City will be used to support a not-for-profit organization within the City of Bel Aire, Kansas, or not-for-profit projects occurring within the City of Bel Aire, Kansas, 2. Certifies that the proceeds from such retail fireworks establishment located within the City will support an activity sponsored by the City of Bel Aire, Kansas, or 3. Any permit for an application for renewal of a permit from the immediately preceding year, such application originally and continuing to be issued in connection with a permanent retail structure attached to a foundation located within the City of Bel Aire, Kansas. No preference based upon the above provisions will be available after the first business day in March. All applications received after the first business day in March will be processed in priority of date and time of receipt, based upon the factors set forth within this Article. SECTION 3. This Ordinance shall take effect and be in force from and after its publication in the Bel Aire Breeze, an official city newspaper. Passed by the City Council this 21 st day of January,2014. Approved by the Mayor this 21 st day of January, 2014. MAYOR, David Aust i ATTEST: i CI CLERK,Jamie Ha e SEAL