2003_0811_packet - Laserfiche WebLink

Home

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