FLOWERY BRANCH—The Flowery Branch City Council passed an ordinance at a special called meeting Wednesday morning designed to regulate where retailers can sell the so-called "consumer fireworks" now available after the passage of HB 110 in Georgia.
City officials' main concern was making sure the higher-explosive fireworks were sold in more industrial areas, but a loophole could allow a fireworks seller to skirt that regulation.
"Even with this ordinance, they can sell t-shirts and caps, and if that's 51% of their sales, they can sell consumer fireworks (in any zoning area that allows retail sale)," said City Manager Bill Andrew.
Essentially, as long as a retail floor is more than halfway covered with non-consumer fireworks (including apperal and low-grade fireworks, like sparklers), it can effectively bypass this ordinance.
"My concerns are a safety concern for other tenants (near the fireworks)," said Mayor Mike Miller.
Miller said storage of extra fireworks for the "49%" is one of his biggest concerns.
"Where are we storing the extra, higher-combustible items on property? Are they in an enclosed, fire-proof room that will limit the effects if a disaster happens?" said Miller.
Councilman Chris Mundy, in his first appearance on the council since taking the oath of office Monday, said there could be other unforeseen financial issues.
"Being from an insurance background, I'm pretty sure carriers are going to be concerned if somebody's moving in—even if it's just for a short period of time—selling fireworks," said Mundy.
Miller said he felt "rushed" getting this ordinance passed, since many of the businesses are looking for start selling their goods on July 1.
"I just want to ensure that fire marshals observe all guidelines," said Miller, indicating that he hoped the marshals would not feel rushed trying to get inspections completed in such a short window.
As far as other governments go, Clermont is the only other entity in Hall County that will regulate where fireworks are sold.
