Enacted December 20, 2010; (2024)

Ordinance No. 3.05

Enacted December 20, 2010;

Amended by Resolution No. 10-02-2024-09.

Hoh Tribal Code Title 3

Law and Order

Chapter 3.05 Fireworks Code

§ 3.05 010 Title

This chapter shall be known as the “Hoh Fireworks Ordinance.”

§ 3.05.020 Definitions

As used in this chapter, the following words and phrases shall each have the designated meaning

unless a different meaning is expressly provided or is clearly indicated by the context.

(1)

“Tribe” shall mean Hoh Tribe of the Hoh Indian Reservation.

(2)

“Council” shall mean Hoh Tribal Business Committee.

(3)

“Fireworks” shall mean blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in

which explosives are used; fire balloons (balloons of a type which have burning material of

any kind attached thereto or which require fire underneath to propel them); firecrackers,

torpedoes, skyrockets, rockets, Roman candles, day go bombs, or other fireworks of like

construction; and any fireworks containing any combustible or explosive substance for the

purpose of producing a visible or audible effect by combustion, explosion, deflagration, or

detonation; but does not include toy pistols, toy canes, toy guns, or other similar devices in

which paper caps containing not more than twenty-five hundredths (.25) grain of explosive

compound per cap are used. Nothing herein shall be deemed to prohibit the use of any

explosive or flammable compound, blasting caps, or similar items used for industrial or

agriculture purposes.

(4)

“Outlet” shall mean a facility or place where the business of selling fireworks at wholesale

or retail is conducted.

(5)

“Taxable event” shall mean the sale, consumption, handling, use, possession, or

distribution of fireworks.

(6)

“Retail selling price” shall mean the ordinary, customary, or usual price paid by the consumer

for each fireworks product, less any tax levied pursuant to this chapter.

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Amended: 10/02/2024

(7)

“Operator” shall mean a person licensed by the Tribe to manage a fireworks outlet.

§ 3.05.030 Federal Regulations as to Fireworks

No fireworks shall be sold on the Hoh Reservation or any land the Hoh Tribe owns except as

permitted under the regulations of the Federal Consumer Products Safety Commission found in

Title 16 of the Code of Federal Regulations, Parts 1500 and 1507, as they may be amended from

time to time, which regulations are incorporated herein by reference as tribal law. The provisions

of this chapter shall be construed so as not to conflict with such federal regulations. In case of

conflict between this chapter and those regulations, the federal regulations shall govern.

§ 3.05.040 Fireworks Outlet License Required

No person on the Hoh Reservation or any land the Tribe owns shall sell any fireworks or possess

fireworks with intent to sell without an appropriate tribal license and in compliance with the terms

thereof. Wholesale distributors located outside the Hoh Reservation who make deliveries to onreservation or outlets on tribally owned land and who do not store such fireworks on the reservation

or land the Tribe owns shall not be required to have an outlet license.

§ 3.05.050 Restrictions on Fireworks Outlets

The HTBC at its discretion may direct that the number, location, size, type, and operation of

fireworks outlets within the Hoh Reservation or land the Tribe owns be restricted as it deems

appropriate to protect public health and safety and to promote the welfare of the Hoh people.

§ 3.05.060 Establishment of Season for Sale

The HTBC shall establish the season(s) of sale during which fireworks outlets on the Hoh

Reservation and lands owned by the Hoh Tribe may be open.

§ 3.05.070 Application for Fireworks Outlets License

Any Hoh Tribal Member who is a minimum of twenty-one (21) years of age may apply upon an

application form provided by the HTBC designee for a fireworks outlet license. The application

shall contain the following:

(1)

The applicant’s name and any business name

(2)

If the applicant is not a natural person, the name and address of an agent authorized to accept

service of process

(3)

The name of a natural person who will be responsible for managing the outlet

(4)

The applicant’s current business address

(5)

The location at which the outlet will be operated and if the outlet will be operated on land of

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Amended: 10/02/2024

which the applicant is not the owner, other than tribal trust land, evidence of permission from

the owner to operate thereon

(6)

Whether the application is for a wholesale or retail outlet

(7)

The signature of the applicant or an authorized official thereof

(8)

The designation required by § 3.05.140 of this chapter

(9)

Such other information as the HTBC designee may require in the administration of this

chapter.

§ 3.05.080 Issuance of Fireworks Outlet License

Upon approval of an application and compliance with all other parts of this chapter, the HTBC

designee may issue an applicant a fireworks outlet license for all seasons of sale commencing during

the current calendar year. The license shall entitle the operator to establish and maintain one (1)

fireworks outlet on the Hoh Reservation. The license shall be nontransferable. No person shall be

issued more than one (1) license. A copy of the license shall be posted at each fireworks outlet in a

place where it is readily visible to the public.

§ 3.05.090 Denial of License

If an application for a license under this chapter contains a material misrepresentation or the

granting of any license would be contrary to this chapter or to any restriction made pursuant to §

3.05.050 hereof, the application for the license may be denied.

§ 3.05.100 Fireworks Outlet License Fee

After approval of an application for a fireworks outlet license, the applicant shall pay a license fee

to the Hoh Tribe for the privilege of operating a tribal fireworks outlet. The amount of the fee shall

be established by the HTBC. The fee must be paid promptly following the opening of the fireworks

outlet. Any fee not paid by August 1 of each year shall accrue interest at the rate and be subject to

such monetary penalty as the tribal council may prescribe.

§ 3.05.110 Excise Tax

The HTBC may authorize the levying of a tax upon the sale, use, consumption, handling,

possession, or distribution of all fireworks. The excise tax authorized hereunder shall be a tax upon

distribution of fireworks; provided however, that failure to pay the tax at the time of such

distribution shall not prevent tax liability from arising by reason of another taxable event. Any

excise tax levied hereunder shall be added to the retail price of fireworks sold to the ultimate

consumer.

§ 3.05.120 Cleaning Deposit

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Amended: 10/02/2024

As a condition to the issuance of a license under this chapter, each applicant shall first deposit with

the tribe a cleaning deposit in an amount established by the HTBC. The cleaning deposit shall be

returned at the end of the selling season if the outlet site is cleaned as required in § 3.05.130.

§ 3.05.130 Cleanup and Removal of Signs

It is the responsibility of each operator to ensure that at the close of each season the fireworks outlet

site is cleaned of all wood, paper, and other refuse and that all signage used in the sale of fireworks

or which in the past were used in the sale of fireworks that are not used in other businesses are

removed from the site. All removal required by this section shall be completed within ten (10) days

of the close of the selling season as established by the HTBC. The Hoh Tribe shall act to enforce

this section if the operator fails to clean and remove all signs from the site within the ten-day period.

§ 3.05.140 Tribe to Enforce Cleanup, Sign Removal

As a condition of the issuance of any license under this chapter, a fireworks outlet operator shall

designate the Hoh Tribe as his/her agent to carry out the requirements of § 3.05.130. The

designation shall empower the Hoh Tribal Law Enforcement to enter and inspect the fireworks site,

to take all action necessary or appropriate to clean and clear the site as provided in § 3.05.130, and

to remove any signage subject to removal under that section. The operator shall agree to bear all

costs involved in the cleaning and removal and to reimburse the tribe for all expenses incurred in

enforcing § 3.05.130. The designation shall be in writing and shall be contained in every license

application.

§ 3.05.150 Other Business by Operator

An operator may conduct another business simultaneously with managing a fireworks outlet

pursuant to this chapter. The operator shall keep a separate accounting of the transactions from

business of the fireworks outlet. However, the other business may be conducted on the premises,

and the operator shall not be required to maintain books of account for the other businesses.

§ 3.05.160 Restricted Sales to Minors

An operator may not sell any fireworks to any person under sixteen (16) years of age nor permit

any such person to work in the outlet.

§ 3.05.170 Prohibited Places of Discharge

No person shall discharge any fireworks within any building, vehicle, or closed area; within one

hundred and fifty (150) feet of any public fireworks display during such display; or within one

hundred fifty (150) feet of any vehicle, structure, container, facility, or place in which fireworks,

petroleum products, or other highly flammable or explosive substances are made, sold, or stored

pending sale or commercial use. Violations of this Section shall be punished pursuant to § 3.05.220

below.

§ 3.05.180 Prohibited Activities in or Near Fireworks Outlet

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It shall be a violation of this chapter to smoke, drink, or consume illegal substances in or within 50

feet of any Fireworks Outlet. Violations of this Section shall be punished pursuant to § 3.05.220

below.

§ 3.05.190 Restrictions on Wholesale Transactions

No wholesale fireworks licensee shall, within the Hoh Reservation, sell any fireworks at retail or to

persons other than retail fireworks licensees. No retail fireworks licensee shall purchase fireworks

at wholesale within the Hoh Reservation from any person other than a wholesale fireworks licensee.

§ 3.05.200 Tribal Immunity – Liability

Nothing in this chapter or any regulation, restriction, license, or other act pursuant thereto shall limit

or waive the sovereign immunity of the tribe from suit nor create any liability on behalf of the tribe for

damages arising from the sale or use of fireworks.

§ 3.05.210 Revocation of Fireworks Outlet License

Failure of an operator to abide by this chapter and any additional requirement or restriction imposed

pursuant thereto will constitute grounds for revocation of the operator’s fireworks outlet license as

well as enforcement of the remedies provided in § 3.05.220.

§ 3.05.220 Violation – Remedies

The tribal court shall have jurisdiction over any alleged violations of this chapter. Upon application

by the tribe showing probable cause, the tribal judge shall issue an order directing the tribal law

enforcement officer to seize all fireworks from wherever purchased and by whomever owned from

any business being operated in violation of this chapter. Within three (3) days of such seizure, after

adequate notice to the operator of such outlet, a hearing shall be held in tribal court at which time

the operator of such outlet shall be given the opportunity to present evidence in defense of his

activities. The time for such hearing may be extended at the request of the operator or for good

cause. If the tribal court shall determine by a preponderance of evidence that any fireworks outlet

was or is being operated in violation of this chapter or restrictions pursuant thereto, the tribal judge

shall impose a civil penalty of not less than fifty dollars ($50) nor more than two hundred fifty

dollars ($250) per violation in addition to the forfeiture of any fireworks seized as described above.

§ 3.05.230 Recovery of Taxes Owed

The tribe shall have a cause of action in tribal court to recover any taxes or fees owed and not paid

to the tribe in accordance with this chapter, together with interest and penalties.

§ 3.05.240 Authority to Inspect Premises and Records

The Tribe, through Tribal Law Enforcement, shall have the power to inspect the premises and

records of any fireworks outlet for the purpose of determining whether all of the requirements in

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Amended: 10/02/2024

this chapter and restrictions pursuant hereto are being met by the fireworks outlet and its operator.

Notice of such inspection need to be given, and interference with or obstruction of such an

inspection by a fireworks outlet operator and his/her agent or employee shall be grounds for

revocation of the fireworks outlet license and shall be deemed a violation of this chapter.

§ 3.05.250 Administration

Unless otherwise provided by this chapter or other tribal law and policy, the Director of Public

Safety and Emergency Services shall administer this chapter.

§ 3.05.260 Severability

If any provision of this chapter or its application to any person or circumstance is held invalid, the

remainder of this chapter or the application of the provision to other persons or circumstances is not

affected.

§ 3.05.270 Tribe Not Liable

The Hoh Tribe, its officers and employees shall not be liable for any injury or damage to persons

or property for fireworks purchased or used under this code.

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Amended: 10/02/2024