1933ORDINANCE NO. ~ C13 3
AN ORDINANCE PERTAINING TO THE RETAIL SALE OF FIREWORKS
WITHIN THE CITY OF WEST MEMPHIS, DECLARING AN EMERGENCY
AND FOR OTHER PURPOSES.
WHEREAS, the City Council of the city of West Memphis desires to clarify matters related
to the prohibition against the sale of fireworks in the city of West Memphis; and
WHEREAS, in order to address the safety of the citizens of West Memphis, to promote and
preserve the aesthetics of the City of West Memphis;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS THAT:
SECTION 1: The retail sale of fireworks within the city of West Memphis is hereby
prohibited except that any business which has the retail sale of fireworks as its primary business and
had purchased a West Memphis Privilege License before September 2, 1999, may engage in the sale
of fireworks; and may continue to engage in the sale of fireworks as long as such businesses continue
to be owned and operated by the original owners as of September 2, 1999, and continue to purchase
a West Memphis Privilege License annually, and actually operate their business of retail fireworks
sales during each and every allowed season hereafter, those being set forth in Arkansas State law.
SECTION 2: Any retail fireworks establishments which continue to operate in accordance
with the provisions of this Ordinance shall pay all City of West Memphis fees and taxes which are
now or may in the future be applicable.
SECTION 3: Any retail fireworks establishment continuing to operate in a~:.cordance with
the provision of this Ordinance shall conform to all other ordinances, regulations and codes applicable
to businesses established inside the city limits of the city of West Memphis.
~'' SECTION 4: City of West Memphis Ordinance Number 1879 is hereby repealed as well as
all ordinances, codes or regulations or parts of ordinances, codes or regulations in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 5: If any portion of this Ordinance is found to be illegal or struck down for any
reason whatever, those other portions of this Ordinance shall remain in effect.
SECTION 6: The Department of Planning and Development is hereby directed to initiate any
and all necessary measures consistent herewith.
SECTION 7: EMERGENCY CLAUSE: It is hereby declared and determined by the City
Council of the City of West Memphis that this Ordinance is necessary for the preservation of the
public peace, health and welfare of the City of West Memphis, as there is an urgent need to clarify
matters related to the prohibition against the sales of fireworks in the City of West Memphis in light
of the upcoming fireworks season, and as it is in accordance with the resolution of litigation
surrounding the subject of retail fireworks sales in the City of West Memphis, and that the addressing
of retail fireworks sales must occur for the protection of the health, safety and welfare of the citizens
of the City of West Memphis; therefore, an emergency is hereby declared to exist, and this Ordinance
shall be in full force in effect from and after its passage and approval.
ADOPTED this ~-E'~ day of n1~Ay , 2000.
~lc ' ~-- i~- ~~ ~ Dom--'
WILLIAM H. J HN ,MAYOR
ATTEST:
LLIP P ITY CLERK
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