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.