The establishment of a temporary fireworks stand in unincorporated Shawnee County is subject to the review and approval of the Shawnee County Board of Commissioners.
Approval of individual sales locations and operations shall be determined based on compliance with the following safety standards:
- Sales Period. The sales of fireworks, including the dates such sales are allowed, shall be from June 27th to July 5th, in accordance with the Kansas Fire Safety and Prevention Statutes as administered by the State Fire Marshall (KAR 22-6-1 et seq.) and other applicable laws of the State of Kansas, including the Kansas Retailer’s Sales Tax Act.
- Circulation. The location and entrance of the temporary stand, tent, or its operation shall not create any hazard relating to the movement or circulation of traffic or pedestrians. In no instance shall said temporary stand, tent, or its operation, excluding any public parking area, be located less than 50-feet from the edge of the right-of-way of any public road or street.
- Setbacks. The location of the temporary stand, tent or its operation shall be at least 50-feet from any dwelling or other structure on-site, including any other fireworks stands, and at least 10-feet from any adjoining property line. No temporary sales of fireworks shall be allowed within an existing permanent structure already occupied by another use.
- Parking. Off-street parking shall be provided at a ratio of 1 space per 200 square feet of space occupied by the temporary stand, tent, or its operation, but in no instance shall there be less than 5 spaces, at or near the location of the operation.
- Supervision. A person 18-years of age or older shall be present to supervise the operation of the stand at all times.
- Hours of Operation. Fireworks sales shall be restricted to the hours of 8:00 am to midnight.
- Solid Waste Disposal. The location of the temporary stand, tent, or its operation shall be maintained in a clean, clutter free environment and free of blowing trash. The applicant shall provide at the time of application their method for the proper disposal of waste.
- Fireworks Storage. Fireworks intended for sale may not be stored for a period of more than 30-days at any location unless the area is zoned the I-1 or I-2 Districts.
- Enforcement. The Sheriff and Planning Departments shall periodically inspect such operations for compliance with the above stated standards. The Sheriff and Zoning Administrator shall have the authority to close any stand operating in violation of this resolution, or in violation of any other license or permit required by law.
It is encouraged that anyone wanting to establish a temporary fireworks sales location contact the Planning Department before proceeding with your business and initiating application for a permit. Planning Department staff would be happy to discuss the proposed sales location and operation to ensure it is compliant with county regulations.
To insure compliance with the requirements of Home Rule Resolution 2006-11, a permit is required to conduct the temporary sales of fireworks in unincorporated Shawnee County. No temporary fireworks sales location shall be established without first obtaining a permit authorizing same by the Shawnee County Board of Commissioners.
The procedure and application submittal requirements is as follows:
- Application. Prior to the establishment of a temporary fireworks stand, the owner(s) of the subject property and/or applicant shall make application to the Shawnee County Planning Department for a temporary fireworks stand permit. Application shall be filed on or before May 1st by 5:00 pm. Each application shall be signed by the property owner and applicant; provide a contact name and phone number(s). Applications received after said date shall be returned and no action shall be taken on them.
- Filing Fee. All applications for a temporary fireworks stand shall be accompanied by a permit fee of $500 made payable to the Shawnee County Treasurer.
- Site Plan. All applications for a temporary fireworks stand shall be accompanied by a detailed and legible site plan. The site plan shall indicate:
- The number and location of off-street parking spaces at the stand (minimum of 5 parking spaces and a handicap space required);
- The location of fire extinguishers, water barrel and/or water hose(s) as required by KAR 22-6-4 and amendments;
- The distance from the fireworks stand to all roads. The minimum distance is 50-feet as measured from the right-of-way line;
- The distance from the fireworks stand to all property lines. The minimum distance is 10-feet.
- The distance from the fireworks stand to all structures on-site, including other fireworks stands (minimum of 50-feet required); and,
- The entrance location.
- The Zoning Administrator is responsible for reviewing all permit applications for a temporary fireworks stand. Following the May 1st deadline, the Zoning Administrator shall submit each application to the Shawnee County Sheriff’s Office and Shawnee County Engineer for review and recommendation. Any issues raised by the Sheriff’s Office or County Engineer must be resolved before the application is transferred to the County Commission for consideration.
- By no later than June 1st, the Zoning Administrator shall submit his/her recommendation, together with the report and recommendation of the Sheriff’s Office and County Engineer, to the County Commission for their consideration and action.
- Applicants may reapply for alternate locations as often as time allows, if the Zoning Administrator disapproves an application for noncompliance on or before the May 1st filing deadline. When an application has been properly filed on or before May 1st, but is disapproved after that date, the applicant may reapply for no more than one (1) alternate site within five (5) days of the date the original application was disapproved. In such cases, the Zoning Administrator, County Engineer and Sheriff’s Office shall submit their respective reports and recommendations to the County Commission within 5 days of the date the application for said alternate site was filed.
- If an application is not approved by the County Commission, up to 50% of the permit fee may be refunded by the County Commission upon written request.
As a matter of public safety, due to the unusual volume of traffic in and around the Lake Shawnee County area about the 4th of July each year, the County Commission has determined that no fireworks stand permits shall be issued for any location along either side of any road abutting Lake Shawnee.
The Zoning Administrator shall have the authority to waive strict adherence to setback distances or parking requirements outlined above after an investigation of the circumstances of a particular application and shall make a report of said investigation in his/her recommendation to the County Commission.
Any person who violates any of above noted provisions shall be deemed guilty of a misdemeanor crime, and upon conviction or a plea of guilty therefore, may be fined a definite sum of money, not exceeding $1,000 or confined in the County Jail for a definite term not exceeding 6-months, or both. In addition, the Zoning Administrator may immediately revoke any fireworks permit issued for a site that violates any requirement for the location and operation of a temporary fireworks stand.