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2003_0811_packet
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Mr. Deal Beets <br />July 31, 2003 <br />Page 2 <br />(c) Section 504.03 merely sets forth what is already stated as law in Minnesota Statutes <br />Section 624.22. <br />(d) Section 504.04 merely sets forth what is already stated as law in Minnesota Statutes <br />Section 624.23. <br />(e) Section 504.05, which deals with the seizure of illegal fireworks, once again merely sets <br />forth that which is stated by Minnesota Statutes Section 624.25. <br />In light of the above, 'it is our conclusion that Chapter 504 is in fact superfluous and is an <br />unnecessary code provision., Because of the way the Minnesota Statutes dealing with fireworks are <br />worded, your fire chief already has by state statute all of the authority that he would need to regulate <br />fireworks in the manner set forth in Code Chapter 504. The chapter is therefore unnecessary for that <br />regulation to occur. we have therefore enclosed the proposed ordinance to repeal Chapter 504 which <br />the Council can adopt if they so desire. <br />We would note for the City's consideration that Minnesota Statutes Section 624.20 was <br />amended this last legislative session. It allows a local unit of government to impose an annual license <br />fee for the retail sale of those items which are defined not to be "fireworks." Specific maximum <br />amounts of the annual license fees are set forth. A general retailer who may include some of those <br />devices for sale in their shop can only be charged an annual fee of $100. A retail seller that is in the <br />business of selling only those items that were defined not to be fireworks can be charged an amount <br />not to exceed $350. <br />I felt that I would bring the above amendment to the City's attention in case it was not aware of <br />It and the City wishes to license such sellers at any time in the future. <br />Very truly yours, <br />Scott T. Anderson <br />T sem <br />Enclosure <br />cc: Fire Chief Richard Gasaway <br />RRM: ##51067 <br />
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