The foregoing rules and regulations shall not be applicable to any business sponsored or subsidized in whole or in part by the County of Union nor shall it apply to any business operated by a corporation incorporated under the not for profit act of the State of Illinois whose principal place of business is located in Union County, Illinois.
The Chairman of the County Board is hereby authorized to proceed by way of injunction or any other form of action to stop violation of or to enforce compliance by all applicants and all persons covered by this resolution with the terms and requirements hereof, and additional terms and requirements imposed by the County Board and the laws, rules and regulations adopted by federal, state or local governmental agencies applicable to the activity or event in question. In any event, any license issued under this Act may be revoked by the County Board at any time if any of the conditions necessary for the issuance of or contained in the license are not complied with or if any condition previously met ceases to be complied with.
Application for license under this Act shall be made in writing to the County Board at least sixty (60) days in advance of the assembly and shall be acted upon by the County Board within thirty (30) days or at the next regularly scheduled meeting of the County Board after receipt of said application. If such application meets all of the requirements set forth above, the County Board may issue a license to the applicant. Such license, if granted, shall permit the assembly of only the maximum number of people stated in such license.
Applications for the license shall be made to the County Board by filing a written application, together with the license fee in the office of the County Clerk. The application shall be delivered by the County Clerk to the Chairman of the County Board. An investigation and examination to determine the adequacy of the application and to determine compliance of said application with the rules and regulations herein set forth shall be conducted by the Chairman or such persons as he may designate. The Chairman shall report his findings to the County Board at the regular meeting or a special meeting called for that purpose. The license shall be issued by the Chairman over his signature on behalf of the County Board, after he is given authority to do so by a majority vote of the Board, and shall be displayed by the licensee in a prominent place at such activity sight.
(A) The application for license shall contain:
Name, date of birth, driver’s license number of the applicant. If the applicant is a partnership or corporation the application shall contain the name, date of birth and driver’s license numbers of all partners, corporate officers, stockholders. If the applicant is a corporation the application shall include a certified copy of the articles of incorporation and a list of the names, addresses, dates of birth and driver’s license numbers of all persons directly involved in the management of such activity.
The location and legal description of the premises where the activity is proposed to be conducted, including all lands to be used directly, indirectly or incidental to the proposed activity or any part thereof. As to all such lands, there shall be attached to the application certified copies of documents disclosing the nature of the interest of the applicant in and to the same.
The date or dates and the hours during which the activity is to be conducted and a statement as to whether or not the activity will involve a total time period of more than twelve (12) hours and if so, the total time period.
A detailed statement, containing plans and specifications of the applicant’s program and plans for the activity in its entirety including, but not limited to, the manner in which the applicant proposes to meet the regulations, requirements and standards provided for elsewhere in this resolution along with whatever evidence of such plans may be required by the County Board, including but not limited to copies of actual signed contracts.
An estimate of the costs of producing the activity and all other costs related thereto which said estimate shall not be binding upon the County Board.
An estimate of the minimum and maximum numbers of customers, spectators, participants and other persons expected to attend the activity daily or per performance.
A statement certified on penalty of perjury, the correctness of the information given on the application and in supporting documents, and agreeing on behalf of the proposed licensee that there shall be full compliance of the licensee with all state and local laws in the conduct of the activities for which a license may be granted.
A copy of all contracts involved in the total event shall be furnished to the Chairman of theCountyBoard.
Authorization for inspection by the Chairman or his representative and/or by the Sheriff of Union County or his deputies.
Applicant shall certify application under oath before a notary public.
The standards applicable to the aforesaid event shall include the following, to-wit:
(A) Parking facilities, off public roadways, shall be provided to fully serve all reasonable anticipated requirements at the rate of no more than one hundred (100) passenger cars per usable acre or eighty (80) buses per usable acre.
(B) Privy construction and location shall not constitute a threat to surface of underground water pollution. Such facilities shall be designed to fully serve all reasonable anticipated requirements at a rate of no more than one hundred (100) persons per toilet seat and one hundred (100) persons per lavatory. Sealed containers for toilet waste are acceptable.
(C)One (1) pint of potable water per person, per hour, at the maximum estimated hourly attendance, shall be provided, and shall meet the approved water supply standard of the United States Public Health Service as applied to interstate traffic. Internal water distribution shall meet the requirements of the State ofIllinois Plumbing Code.
(D) Internal covered storage and collection of refuse shall be provided and shall not constitute a threat to surface or underground water pollution. A refuse disposal site approved by the State of Illinois Department of Public Health shall be provided; the premises and immediate surrounding properties shall be cleaned within forty-eight (48) hours after an event.
(E) Enclosed and roofed emergency first-aid facilities or shelters and food service arrangements including mandatory dispensing of liquids in plastic, paper or styrofoam cups, shall be provided to fully serve all reasonable anticipated requirements. In addition, the sponsor, organizer or manager of such event shall provide one (1) ambulance at the scene for every ten thousand (10,000) people, one (1) registered nurse for every ten thousand (10,000) people, one (1) licensed physician for every twenty thousand (20,000) people and one (1) first-aid tent for every ten thousand (10,000) people.
(F) Amplifying equipment shall control the noise level at the perimeter of the site to no more than seventy (70) decibels on the A scale of a sound lever meter which meets the specifications of the American National Standards Institute.
(G) The site shall be provided with adequate light to illuminate the site at all times with a minimum of five (5) candle power. All lighting shall be controlled so as not to reflect on any area beyond the boundary of such site.
(H) Public liability and property damage insurance shall be furnished by the applicant at the rate of One Hundred Thousand Dollars ($100,000.00) per incident and Five Hundred Thousand Dollars ($500,000.00) per occurrence. An umbrella policy shall be provided in the following amounts:
Class 1 & 2 $1,000,000.00
Class 3 $2,000,000.00
Class 4 $3,000,000.00
Class 5 $4,000,000.00
Class 6 $6,000,000.00
(I) Security enforcement, including prevention of the unlawful use of alcohol, narcotics, or dangerous drugs at the site, and methods for limiting the size of the proposed function to the number of participants for which the license has been granted shall be employed by the applicant. Security enforcements shall include the external as well as the internal crowd control and sufficient security personnel for crowd control and security enforcement shall be provided. One (1) security guard shall be furnished for each five hundred (500) persons attending any site. Each guard shall be licensed pursuant to the requirements of 225 ILCS Sec. 446/1 et seq.
(J) At least three thousand (3,000) square feet shall be made available for each trailer or tent located at the site of the event.
(K) Applicant shall submit, with his application, proof of his financial resources sufficient to execute his plans, as submitted and shall give such further assurances as may be required by the County Board as a part of the license issued. In addition, applicant shall submit with his application, a performance bond guaranteeing against damage to the proposed site and damage to neighboring property owners in the following amounts:
CLASS 1 & 2 $50,000.00
Class 3 $100,000.00
Class 4 $150,000.00
Class 5 $200,000.00
Class 6 $250,000.00
(L) No entertainment activity governed hereby shall be located within five hundred (500) feet of any adjacent property line or one thousand (1,000) feet from any occupied dwelling unless:
(1) The County Board determines that the area to be specially used by the activity is adequately buffered from all resident development; or
(2) A written waiver has been filed by the County Board by owners of all adjacent property within five hundred (500) feet of the proposed activity area or the applicants of any dwelling within one thousand (1,000) feet of the proposed activity area excepting such dwelling as found by the County Board to be adequately buffered;
(3) All entertainment activities shall be discontinued at the following times:
All activities covered by this Article are required to be licensed by the Union County District Board, Union County, Illinois, before they are permitted to transact business. No phase of any such activity shall be commenced or continued without a proper license. Application for license will be made in accordance with Section 7–8‑3 and 7–8‑4 hereof. The license fee for the use of the County ofUnion in the manner hereinafter specified shall be:
License Class -> Daily Attendance -> License Fee
Class 1 -> Under 5,000 -> $500.00
Class 2 -> 5,000 to 10,000 -> 1,500.00
Class 3 -> 10,000 to 20,000 -> 3,000.00
Class 4 -> 20,000 to 30,000 -> 5,000.00
Class 5 -> 30,000 to 50,000 -> 10,000.00
Class 6 -> Over 50,000 -> 15,000.00
License fees for the second and subsequent day shall be fifty percent (50%) of the fee for the first (1st) day.
All businesses, including not for profit businesses, engaged in the holding or providing large group recreation or entertainment, including, but not limited to carnivals, circuses, fairs, festivals, music festivals, rock festivals, and other amusement in Union County, Illinois, outside the limits of any city, village, or incorporated town, excepting established community organizations and churches so long as the anticipated or projected daily attendance is less than five thousand (5,000) persons and so long as the established community organization or church event is not linked in any way with an outside business, including a not for profit business, and so long as the event is a recurring event having been in existence prior to January 1, 1984, shall be subject to the conditions in this Article.
Any licensed peddler or hawker who shall be guilty of any fraud, cheating or misrepresentation, whether through himself or through an employee while acting as a peddler in the County or who shall barter, sell or peddle any goods or merchandise or wares other than those specified in the application for a license shall be fined as provided in Chapter 1.
It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this Code or not, to go upon any premises and ring the door bell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant thereof and engage in soliciting as herein defined, prior to 9:00 A.M. or after 4:00 P.M. of any weekday, or at any time on a Sunday or on a State or National holiday.
The fee for a license issued under this Chapter shall be a daily license of Ten Dollars ($10.00) and an annual license fee of Fifty Dollars ($50.00) per person for residents and an annual license of Seventy-Five Dollars ($75.00) per person for non-residents, the fee being personable, not transferable, and not refundable.
Upon receipt of each application, the County Clerk shall provide the Sheriff a copy of same who shall investigate the business character of the applicant and submit a report to the County Clerk within ten (10) days of receipt.
The person desiring a license may obtain the same by making application with the County Clerk and providing the following information:
(A) Name and physical description of applicant.
(B) Permanent home and address and local address if operating from such an address.
(C) A brief description of the business and of the goods to be sold.
(D) Name and address of the employer, if any.
(E) The length of time for which the right to do business is desired.
(F) Evidence that the agent is acting on behalf of the corporation he represents.
(G) Statement of the applicant’s criminal record, other than a traffic record.
(H) The last three (3) cities, villages, and/or counties where the applicant carried on business immediately preceding date of application and the address from which such business was conducted in those municipalities or counties.
“Peddler” shall mean the selling, bartering, or exchanging or the offering for sale, barter or exchange of any tangible personal property upon or along the street, highways, or any public place of the County or from house to house, whether at one place thereon or from place to place, from any wagon, truck pushcart or other vehicle or from movable receptacles of any kind, but shall not include the delivery of any item previously ordered or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items. Nor shall peddle be taken to include the solicitation of orders by sample where the goods are not delivered at the time the order is taken.
It shall be unlawful for any person, firm or corporation to engage in the business of hawker or peddler of any merchandise, article or thing without having first secured a license therefore.
Each approved registered solicitor shall pay to the County Clerk a daily fee of Twenty Dollars ($20.00), or an annual fee of One Hundred Dollars ($100.00); the fee being personable, not transferable, and not refundable. The stated fee shall not be reduced if less than an annual period of registration is involved.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell, to knock, or make any sounds calculated to attract the attention of the occupant(s) of such residence, for the purpose of securing an audience with the occupant(s) thereof, and engage in soliciting is herein defined in defiance of any notice visibly exhibited, posted or displayed anywhere on the residence stating in manner of wordage that soliciting is not permitted.
Any registered solicitor who has gained access or entrance to any residence, invited or not, shall immediately produce his certificate of registration card when so requested, and shall immediately and peacefully depart from those premises when requested to do so by any occupant(s) thereof. No solicitor shall solicit for any other purpose than that which is specifically shown on his or her application.
The County Clerk after consideration of the application, information obtained relative thereto, and payment of the fee prescribed in Section 7–6‑10 hereof, shall issue a registration certificate card to applicant, or may deny the application. The County Clerk may upon reviewing an application provide the Sheriff a copy of same who shall investigate the business character of the applicant and submit a report to the County Clerk within ten (10) days of receipt. Any certificate of registration issued hereunder may be revoked by the County Clerk, if the certificate holder is convicted of a violation of any provision of this Chapter or any other ordinance of this County, or of any State or Federal law, or has made a false material statement in his application. To revoke a certificate, the County Clerk shall mail by certified or registered mail to certificate holder’s last address shown in his or her application a letter stating certificate is revoked and reasons therefore. The date of mailing of this notice shall determine the date that the certificate is null and void.
Application for a Certificate of Registration shall be made upon a form provided by the County Clerk of this County, and shall be filed with that same office. The applicant shall truthfully state in full, the information requested. The form shall include name, age, address, marital status, physical description, name of employer, nature of product or services and proposed method of operation within the County, in addition to any other information deemed necessary by the Sheriff, including fingerprinting. The County Clerk’s office shall cause to be maintained a complete and accurate record of each application received, together with all other information or data pertaining thereto, including denial of any application.
Every person desiring to engage in solicitation as herein defined, within residences in this County, is hereby required to annually make written application for a certificate of registration prior to any solicitation, as hereinafter provided, with the exception noted in Section 7–6‑1, relative to those charitable or non-profit groups, clubs, associations or projects.
It is hereby declared to be the policy of theCountyBoard that the occupant(s) of the residences within theseCountyLimits, shall make the determination of whether solicitors shall be or shall not be invited into the respective residential property.
Whenever the following terms are used in this Article, they shall have the meanings ascribed to them in this Section.
(A)Soliciting shall mean and include any one (1) or more of the following activities: Seeking to obtain orders, leads, referrals, or applications for the purchase of goods, contracts, policies, wares, merchandise, foodstuffs, services of any kind, character or description whatever; for any kind of consideration whatever or seeking to obtain subscriptions to books, photo or record clubs, magazines, pamphlets, periodicals, newspapers, or any other type of kind product, publication, or printed material; or seeking to obtain information of a survey nature of any type, with the exception of legitimate census, or church surveys, or those polls or surveys conducted by authorized city, state or federal governmental agencies, or their designated representatives; or seeking to obtain gifts, or contributions of money, clothing, or other valuable things for the support or benefit of any charitable, or non-profit group, club, association, corporation or project, not pre-authorized in writing by the County Clerk, and must be in possession of his authorizing letter prior to commencing solicitation. These groups shall be bound by this Section and Section 7–6‑9hereafter. These groups are exempted from Section 7–6‑10 hereof.
Residents under sixteen (16) years of age, are specifically exempted from Section 7–6‑10 but are required to conform to Section 7–6‑9 herein and to fulfill the same requirements of pre-authorized letter as listed in the preceding paragraph.
(B)Residence shall mean and include every separate living unit occupied for residential purposes by one (1) or more persons, contained within any type building or structure, and this shall be so construed to include commercial establishments of any size, type or description within this County.
(C)Registered Solicitor shall mean and include any person who has obtained a valid certificate of registration as hereinafter provided.
It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another.
The Fire Chief or designee, is authorized to enforce all provisions of this Code and, in addition to criminal sanctions or civil remedies, may revoke any permit issued pursuant to this Code upon any failure or refusal of the permittee to comply with the lawful orders and directives of the Fire Chief or designee, or to comply with any provisions of this Code or the requirements of the community development code relating to temporary structures.
This Code is intended to implement applicable State law, to wit, Chapters 225 ILCS 227 and 425 ILCS 35, and shall be construed in connection, with that law and any and all rules or regulations issued pursuant to that law.
The provisions of this Code shall not be applicable to toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap and trick nor to novelty device not classified as common fireworks.
This Code does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities.
This Code does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the County in accordance with Sections 7–5‑7 and 7–5‑8 of this Code.
It shall be unlawful for any person to discharge or possess any fireworks upon public land or in any public park, owned by the County, provided, however, that such use shall be permitted under the following circumstances:
(A) This provision shall not apply to possession of fireworks in the otherwise lawful use of public rights of way such as sidewalks and planting strips. This subsection shall not be a defense to a charge of obstructing traffic or otherwise obstructing a public right of way.
(B) The Fire Chief shall designate limited areas for use during the hours permitted by the Article for the discharge of fireworks as allowed by Section 7–5‑5 of this Article. Otherwise lawful discharge and possession of fireworks as allowed by Section 7–5‑5 in such areas shall not be a violation of this Section. In doing so, the Fire Chief shall consider:
The sensitivity of the area’s environment, wildlife and wildlife habitat;
The inconvenience and nuisance to abutting property owners;
The safety and suitability of the area as a place for the discharge of fireworks; and
Danger of fire or other destruction of public property and improvements from the use of the fireworks.
(C) Upon designation of any area, it shall be signed and posted by July 1stof each year for use on July 4th between the hours of 9:00 A.M. and 11:00 P.M. Designation of any area may be appealed in writing to the County Board by any citizen of the County. The decision of the County Board shall be final.
(D) Nothing in this Article shall be deemed to limit the authority of the County Board to allow event display of special fireworks under a permit issued in accordance with the provisions of the Code and State statutes.
All public fireworks displays shall conform to the following minimum standards and conditions:
(A) All public fireworks displays shall be planned, organized and discharged by pyrotechnician, “Pyrotechnician” means an individual who by experience and training has demonstrated the required skill and ability for safety setting up and discharging displays of special fireworks. All individuals shall have a license under the provisions of the Pyrotechnic Distributor and Operator Licensing Act. (225 ILCS 227)
(B) A permit must be obtained from the County and approved by the Fire Chief or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his or her address, the name of the Pyrotechnician and his or her address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required.
(C) A drawing shall be submitted to the Fire Chief showing a plan view of the fireworks discharge site and the surrounding area within a five hundred (500) foot radius.
The drawing shall include all structures, fences, barricades, street fields, streams and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.
(D) When, in the opinion of the Fire Chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a Fire Department pumper and a minimum of two trained firefighters shall be on site thirty (30) minutes prior to and after the shooting of the event. The exhibitor shall repay the County for all costs to firefighters for such time.
(E) All combustible debris and trash shall be removed from the area of discharge for a distance of three hundred (300) feet in all directions.
(F) All unfired or “dud” fireworks shall be disposed of in a safe manner.
(G) A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site.
(H) The permit shall be immediately revoked at any time the Fire Chief or a designee deems such revocation is necessary due to noncompliance, weather conditions such as, but not limited to, extremely low humidity or high winds. The display shall also be cancelled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display.
(I) Areas of public access shall be determined by the Fire Chief or designer and maintained in an approved manner.
The temporary stands of all seller’s permit holders shall conform to the following minimum standards and conditions:
(A) Temporary fireworks stands need not comply with all provisions of the Building Code; provided, however, that all such stands be erected under the supervision of the Sheriff, who shall require all stands to be constructed in a safe manner ensuring the safety of attendants and patrons. In the event any temporary stand is wired for electricity, the wiring shall conform to the electrical code.
(B) No temporary fireworks stand shall be located within fifty (50) feet of any other building or structure, nor within two hundred fifty (250) feet of any gasoline station, oil storage tank or premises where flammable liquids or gases are kept or stored.
(C) Each temporary fireworks stand must have at least two exits, which shall be unobstructed at all times.
(D) Each temporary fireworks stand shall have, in a readily accessible place, at least two, two and one-half (2½) gallon pressurized water fire extinguishers which are in good working order.
(E) All weeds, grass, and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area to a distance of not less than twenty-five (25) feet, measured from the exterior walls of the temporary fireworks stand.
(F) No smoking shall be permitted in or near a temporary fireworks stand for a distance of not less than fifty (50) feet measured from the exterior walls of the temporary fireworks stand. Signs stating: “No Smoking Within 50 Feet” shall be posted on the exterior of each wall of the temporary fireworks stand.
(G) Each temporary fireworks stand shall have a person who is eighteen (18) years old or older in attendance at all times the stand is stocked. Stock from the stand shall not be removed and stored in any other building during the sales period without the express approval of the Fire Chief for the location involved.
(H) All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by 12:00 Noon on the seventh (7th) day of July of each year.
(I) No temporary fireworks stand shall be located within five hundred (500) feet of any other temporary fireworks stand.
(J) Each temporary fireworks stand shall have provisions for sufficient off-street parking, at least fifteen (15) spaces, to avoid impeding a continuous flow of traffic at entrances and exits from the premises.
(K) No person shall discharge any fireworks within two hundred fifty (250) feet of the exterior walls of any temporary fireworks stand. Signs stating: “No discharge of fireworks within 250 feet.” shall be posted on the exterior of all walls of the temporary fireworks stand.
All approved fireworks as set forth in Section 7–5‑5 of this Article except toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap and trick or novelty device not classified as common fireworks, shall be sold and distributed only from temporary stands.
Applications for seller’s permits shall be made to the County Clerk annually on or after April 1st of the year for which the permit is issued and the filing period shall close on April 15th of such year unless extended by action of the County Board. Applications shall be signed by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation. It is unlawful for a fireworks manufacturer, wholesaler or supplier to make application for or to obtain a retail sales permit on behalf of any retailer. Seller’s permits for the sale of those fireworks allowed pursuant to Section 7–5‑4 of this Article shall be issued only to applicants meeting the following conditions:
(A) The retailer or person in charge and responsible for the retail operation shall be twenty-one (21) years of age or older, of good moral character and of demonstrated responsibility.
(B) The applicant shall have a valid and current license issued by the State of Illinois authorizing the holder to engage in the retail sale of fireworks. (See 425 ILCS 35)
(C) The applicant shall own or have the right to possess a temporary fireworks stand complying with the requirements of this Article.
(D) The applicant shall procure and maintain a policy or policies of public liability and property damage insurance issued by a company or companies authorized to do business in the State of Illinois in the following minimum amounts: Five Hundred Thousand Dollars ($500,000.00) for injuries to any one person in one accident or occurrence; One Million Dollars ($1,000,000.00) for injuries to two or more persons in any one accident or occurrence; Five Hundred Thousand Dollars ($500,000.00) for damage to property in any one accident or occurrence; One Million Dollars ($1,000,000.00) combined single limit for any one accident or occurrence. In addition, the County is to be an additional named insured and the policy shall provide for the immediate notification of the County by the insurer of any cancellation of any policy.
(E) The permit holder’s location or place of business shall be only in those areas or zones within the County where commercial activities are authorized under applicable zoning law; provided, that the sale of those fireworks authorized by Section 7–5‑5 of this Article shall not be deemed an enlargement of an existing nonconforming use.
(F) The applicant shall post with the County a performance bond or a cash deposit in an amount not less than Two Hundred Dollars ($200.00) conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of all debris from the site of the stand, which deposit shall be returned to the applicant only in the event that the applicant removes the temporary stand and cleans up all debris to the satisfaction of the County. In the event the applicant fails to do so, the performance bond or cash deposit shall be forfeited. In no event shall the applicant be entitled to the return of the performance bond or cash deposit if he or she has failed to remove the stand and clean up all debris by the tenth (10th) of July following the sales period.
(G) No seller’s permit shall be issued for a location which fails to meet the criteria set forth in Section 7–5‑11 of this Article, including the minimum stand separation requirement. When necessary, in order to determine priority as to a proposed location, the earliest date and time of filing of an application for a seller’s permit with the County Clerk shall be controlling.
Applications for a permit to conduct a public display of fireworks shall be made to the Fire Chief at least fourteen (14) days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display, and as set forth in Section 7–5‑12 of this Article.
(A)Sellers. Each seller’s permit issued under this Article shall be for only one retail outlet. The number of seller’s permits shall not be limited as long as all conditions are met as stated in Section 7–5‑11 of this Article. Each seller’s permit issued pursuant to this Article shall be valid only for the current year, shall be used only by the designated permittee and shall be nontransferable.
(B)Public Display Permit. Each public display permit issued pursuant to this Article shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is violation of this Article and shall void the permit granted in addition to all other sanctions provided in this Article.
The annual fee for a “seller’s permit” for the sale of fireworks as may be authorized under this Article, shall be One Hundred Dollars ($100.00)per year for each seller’s permit, payable in advance. The fee for a “public display permit” for the public display of fireworks shall be One Hundred Dollars ($100.00), payable in advance, unless waived by the County Board.
No permit holder shall offer for retail sale or sell any fireworks within the County except from 12:00 Noon on the 28th of June to 12:00 Noon on the 6th of July of each year. No fireworks may be sold or discharged between the hours of 11:00 P.M. and 9:00 A.M. Provided, the sale and use of fireworks as provided in this Section shall be limited to the following:
It is unlawful for any person to engage in the retail sale of or to sell fireworks or to hold, conduct, or engage in a public display of fireworks within the County without first having obtained a valid permit issued pursuant to the provisions of this Article.
It is unlawful for any person to sell, possess, use, transfer, discharge or explode any dangerous firework within the County; provided that this prohibition shall not apply to duly authorized public displays.
It is unlawful for any person to sell any fireworks within the County other than those fireworks designated in Section 7–5‑5 of this Article, provided that this prohibition shall not apply to duly authorized public displays.
As used in this Article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
Common Fireworks: Any fireworks designed primarily to produce visual or audible effects by combustion.
(A) The term includes:
Ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers;
Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines and shells;
Class C explosives classified as common fireworks by the United States Department of Transportation, by regulations found in the Code of Federal Regulations.
(B) The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets.
Dangerous Fireworks: Any fireworks not defined as a “common firework”.
Fireworks: Any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks.
Special Fireworks: Any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes:
Fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes, and chasers; and
Any person, firm, corporation, society, association or organization that violates any provision of this Article shall be fined not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00).
(A) Each organization licensed to conduct raffles shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from the gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.
(B) Records required by this Section shall be preserved for three (3) years, and the organization shall make available their records relating to operation of raffles for public inspection at reasonable times and places.
(A) All operation of, and the conduct of, raffles shall be under the supervision of a single raffle manager designated by the organization. At the time the application is submitted to Union County, the manager shall give a fidelity bond in the amount of the maximum dollar amount of all raffle chances to be sold, as stated on the application, in favor of the organization conditioned upon his honesty in the performance of his duties.
(B) The above bond requirement may be waived upon the signature of the organization’s presiding officer, attesting to a unanimous vote of the members of the licensed organization waiving such bond.
The conducting of raffles is subject to the following restrictions:
(A) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
(B) No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
(C) No person may receive any remuneration or profit for participating in the management or operation of the raffle.
(D) A licensee may rent a premises on which to determine a winning chance or chances in a raffle only from an organization which has also been licensed under this Article.
(E) Raffle chances may be sold or issued only at the locations specified on the license, and winning chances may be determined only at those locations specified on the license.
(F) A person under the age of eighteen (18) years may participate in the conducting of raffles or chances only with the permission of a parent or guardian. A person under the age of eighteen (18) years may be within the area where winning chances are being determined only when accompanied by his parent or guardian.