Sec. 30-263. - Application procedure.
(a) An application for a fireworks sales permit shall be made in the following manner:
(1) Applications shall be made on such forms as shall be prescribed by the city clerk and shall be filed with the city clerk only from November 1 through November 30 of the year prior to for which the permit is sought.
(2) Only nonprofit organizations and associations who meet a criterion for federal income tax exemption whether or not such an exemption has been sought or received, and which will use the net proceeds from the sale of fireworks for community betterment purposes within the city shall be eligible for a permit. Proof of nonprofit status that is acceptable to the city may be required before a permit is issued.
(3) The application shall include all of the following:
a. If the applicant has held a permit in any of the three preceding years, it must file with its application a copy of that portion of the sales and use tax return filed with the Nebraska Tax Commissioner showing the reported income from the sale of its fireworks within the city for each of such years, 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 in each said year. To the extent permitted by law, the information in the tax return and statement of net proceeds shall be considered confidential proprietary or commercial information exempt from public disclosure and no employee, official, or agent of the city may make the information known to any person beyond the members of the fireworks committee.
b. The applicant shall state the nature of the community betterment purpose for which the net proceeds from the current year's sale of fireworks will be utilized if the permit be granted.
c. An application fee of $150.00 shall be paid to the city clerk with the application. None of the application fee will be refunded.
(b) After the application filing period, the city clerk shall review the applications and submit them to the city council fireworks committee. Applications will be evaluated based on these recommendations and the applicant's plan for, or history of, community betterment acquisitions, services, or programs which will benefit the city as a whole. If all other application requirements are equally met, special consideration will be given to applicants agreeing to co-locate and operate a fireworks stand.
(c) Applications shall be automatically disqualified if they are received after the application deadline of November 30 or if the applicant is a prior-year permit holder that has displayed and/or sold or attempted to sell illegal fireworks or has otherwise violated the law regarding the operation of their fireworks stand.
(d) After the application filing period and after the city clerk's submittal of recommendations, the city council fireworks committee shall review all applications, and after a public meeting shall by motion either approve, approve with conditions, or deny each such application. The city council fireworks committee shall be comprised of the following four persons: the three city councilmembers currently on the city council law department committee and a designated representative of the mayor's office.
(e) Prior to issuance of a permit, approved applicants must submit the following documentation:
1. A site and floor plan, drawn to scale in a manner acceptable to the planning department, showing location of the stand or tent, setback from rights of way, distance to nearest building or structure, placement of fire extinguishers, all entrances and exits, dock storage areas, pedestrian traffic flow, parking areas and vehicular traffic flow, and nature of occupants nearest buildings.
2. A sign plan showing the location and size of all planned signage. A temporary sign permit shall be obtained separately, if required.
3. Detailed information on the tent or stand to be erected on the site.
4. Detailed information regarding the plan for storage of all fireworks during both open and closed hours.
5. A signed statement from the owner of the property upon which the sales will be conducted or from the owner's authorized property management company or agent, granting the applicant permission to so utilize the property.
The city clerk's office shall forward these documents to the city council fireworks committee for approval. The city clerk's office will notify approved applications of the final date to submit these documents, which shall be no later than 30 days prior to the opening day of the particular period of the fireworks season.
(f) Prior to issuance of the permit, the applicant shall supply to the city clerk a copy of a certificate of insurance issued by an insurance company in good standing, authorized to do business in Nebraska, providing the applicant with combined liability coverage for bodily injury and property damage in a minimum amount of $300,000.00 per occurrence and $1,000,000,000.00 in aggregate coverage and naming the City of Omaha as an additional insured. The applicant shall also pay all occupation taxes as required by chapter 19 of this Code.
(g) The permit may be issued by the city clerk only after review of the approved applications and an inspection of the fireworks stand or place of sale by the fire department and planning department inspectors to determine if such stand or place of sale conforms to all city laws, building codes, electrical codes, fire safety codes and land use regulations. The city clerk shall send the planning department and fire department the applications approved by the city council fireworks committee no later than April 30. The applicant shall request the city to make such inspection not later than ten days prior to the opening day of the particular period of the fireworks season, and such inspection shall be made by the city within a reasonable time after the request.
(h) Permits will be valid only for the period specified in this article for the particular fireworks sales season and will automatically terminate on the specified ending date. A permit shall allow sales only at one location in the city. Permit holders shall not have any property right to or expectation of receiving a permit or operating a fireworks stand in the city in any future year or period.
(i) The city council fireworks committee may, after public hearing, revoke a permit if it determines that the permit holder has violated this Code or any of the terms or conditions of the permit. Such revocation shall be effective immediately.
(Ord. No. 38896, § 4, 12-14-10; Ord. No. 39623, § 1, 3-19-13; Ord. No. 39763, § 2, 8-27-13; Ord. No. 40276, § 2, 3-10-15; Ord. No. 41587, § 1, 9-25-18; Ord. No. 42333, § 1, 9-29-20; Ord. No. 43560, § 1, 10-24-23)
