3.6. SR 04-18-2005
Item # 3. 6 ..
MEMORANDUM
TO:
FROM:
Mayor and City Council /
Scott Harlicker, Senior Plann~
April 18, 2005
DATE:
SUBJECT:
Case No. GP OS-OS
Request by TNT Fireworks for a General Planning Permit to
Conduct Firework Sales
Request
The applicants are requesting a General Planning Permit to conduct firework sales from a
30' x 50' sales tent.
60-Day Rule
To comply with the 60 day rule, without an extension, this item needs action by May 6, 2005.
Location
18185 Zane Street, Walmart parking lot
Attachments
· Site Plan
Zoning/Land Use
PUD (planned Unit Development) / HB (Highway Business)
City Council / GP 05-05
April 18, 2005
Page 2
Overview
The applicant requests a General Planning Permit to erect a sales tent to conduct firework
sales in the parking lot. It will be used from June 21, 2005 through July 5, 2005. The hours
of operation will be from 10 a.m. - 9 p.m. and possibly could be open later the few days
prior to July 4th.
The proposed location is in the parking lot, straight out from the main entrance to the store.
It appears that in this location the tent will not disrupt traffic flow nor will it create any
parking .problems.
The current city ordinance does not allow fireworks to be sold from tents; however, state
law does allow firework sales from tents and state law supersedes local ordinance. The City
Clerk is proposing an ordinance amendment that would make our ordinance consistent with
state law.
Recommendation
Staff recommends that the City Council approve the applicant's request for a General
Planning Permit to conduct firework sales from a 30' x 50' sales tent with the following
condition:
1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER
TO RESTRICT TRAFFIC.
3. THE SALES TENT SHALL BE MAINTAINED FREE OF DEBRIS AND
KEPT IN AN ORDERLY CONDITION.
4. THE LOCATION OF THE TENT IS CONSISTENT WITH THE
SUBMITTED SITE PLAN AND MEETS ALL FIRE CODES.
5. THE TENT SHALL BE REMOVED WITHIN ONE WEEK OF THE
END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS
PREVIOUS CONDITION.
S:\PLANNING\Case Files\2005\GP 05-05 TNT Fireworks\GP 05-05_CC.DOC
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Item # 3.6.
MEMORANDUM
TO: Mayor and City Council
FROM: Joan Schmidt, City Clerk
DATE: April 18, 2005
SUBJECT: Consider Fireworks Sales License for Randy Herrman-TNT
Fireworks
Request
Sales and Storage Fireworks License
Applicant
TNT Fireworks - Randy Herrman
Back~round
The applicant is requesting a license for the retail sale of fIreworks in a temporary tent
structure from the Wal-Mart parking lot. He is also required to obtain a general planning
permit from the city in order to conduct his sales. The applicant has paid the required fees
and received permission from Wal-mart allowing the sales to take place from their parking
lot.
Action Requested
Council motion approving a sales and storage fIreworks license to Eric Robbins to sell
fIreworks from the Wal-mart parking lot in 2005 contingent upon not doing commercial
driving and the city receiving a certifIcate of insurance for coverage as set in section 22-253
of the city code.
s: \Council\) oan \Fireworks \ 1NTWalmart.doc