§ 62-82. Penalties for violation of division.

(a)

Violations of this division shall be punishable and its requirements enforced as provided under section 1-8 of this Code. Violations shall subject an offender to arrest pursuant to F.S. § 901.15 and prosecution pursuant to F.S. § 125.69. These sanctions are in addition to any criminal penalty which is available under the provisions of F.S. Ch. 791.

(b)

The law enforcement agency having jurisdiction has the authority to immediately order the cessation of the sale of fireworks at any business or location that is selling fireworks without all required permits until such time as corrective action is taken and the missing permits are obtained. Upon notification by the appropriate law enforcement agency that sales are to cease, the seller shall take appropriate action to secure its fireworks inventory immediately and to prevent the further sale by securing the fireworks in an appropriate off premises locked facility that meets state and local fire code standards. As an alternative to securing the fireworks off site, the business may cease operations until such time as the required permits are obtained and during this time store the inventory on site if the location is secure and meets state and local fire code requirements. It shall be the obligation of the seller to ensure that adequate security is in place during any period they cease operations. Prior to resuming the sale of fireworks, the seller shall notify the authority of its intent to resume sales and of the corrective action taken.

(c)

If a seller has been convicted of a violation of this division or of F.S. Ch. 791, and within 12 months of that conviction is convicted again of a violation of this division or of F.S. Ch. 791, its permit to sell fireworks under section 62-89 shall be suspended. The suspension shall be in addition to any sanction otherwise available under state law or this Code. The first suspension shall be for a period of 14 days. In the event of any successive conviction of a violation of this article or the provisions of F.S. Ch. 791, occurring within 24 months of a suspension of permit under this section, the seller's permit to sell fireworks shall be suspended for a period of 30 days. Upon notification of a suspension of the permit to sell fireworks, the seller shall immediately remove their fireworks inventory from their premises and store them in a secure offsite location which meets all appropriate state and local fire codes. Alternatively, the seller may cease operations during the period of suspension if their premises are secure and otherwise meet the requirements of local and state fire codes.

(d)

For purposes of this division, a conviction includes the payment of the assessed fine by not contesting the notice of violation where there is no court appearance.

(e)

Parents or guardians are responsible for the violations of [by] minors.

(Ord. No. 86-9, § 8, 2-11-86; Ord. No. 03-48, § 2, 6-24-03)