§ 8.12.060. Retail sales and storage.

A.

No fireworks may be sold at retail without a retail permit. The permit shall be at the location where the retail sale takes place.

B.

It is unlawful to offer for sale or to sell any fireworks to children under the age of sixteen (16) years or to any intoxicated person.

C.

At all places where fireworks are stored, sold or displayed, the words "no smoking" shall be posted in letters at least four (4) inches in height. Smoking is prohibited within twenty-five (25) feet of any fireworks stock.

D.

No fireworks shall be stored, kept, sold or discharged within fifty (50) feet of any gasoline pump or gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one (1) gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.

E.

All fireworks permittees shall keep and maintain upon the premises a fire extinguisher bearing an Underwriters Laboratories Inc. rated capacity of at least five (5) pound ABC per five hundred (500) square feet of space used for fireworks sales or storage.

F.

A sales clerk who is at least sixteen (16) years of age shall be on duty to serve consumers at the time of purchase or delivery. All fireworks sold and shipped to consumers within Hobbs shall be sold and shipped only by an individual firm partnership or corporation holding the proper State of New Mexico fireworks license or permit.

G.

No fireworks shall be discharged within one hundred fifty (150) feet of any fireworks retail sales location.

H.

No person shall ignite any fireworks within a motor vehicle or throw fireworks from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people.

I.

Any fireworks devices that are readily accessible to handling by consumers or purchasers in a retail sales location shall have their exposed fuses protected in a manner to protect against accidental ignition of an item by a spark, cigarette ash or other ignition source. If the fuse is a thread-wrapped safety fuse which has been coated with a coating, only the outside end of the safety fuse shall be covered. If the fuse is not a safety fuse, then the entire fuse shall be covered.

J.

Fireworks may be sold at retail between June 20th and July 6th of each year and six (6) days preceding and including new year's day and three (3) days preceding and including Chinese new year, the sixteenth of September and Cinco de Mayo of each year, except that permissible fireworks may be sold all year in permanent retail stores whose primary business is tourism.

(Ord. 874 (part), 2001; prior code § 10A-6)