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J & M Fireworks Permit RequestCity of Dubuque Consent Items # 09. City Council Meeting ITEM TITLE: J & M Fireworks Permit Request SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Copyrighted July 1, 2024 City Manager recommending approval of a Fireworks Permit for a private fireworks display at Dubuque Golf and Country Club on July 12, 2024. Aerial fireworks displays require the approval of the City Council prior to permit issuance. Suggested Disposition: Receive and File; Approve J & M Fireworks Permit Request Memo ATF Licence Higley-Helling Wedding SD Certificate of Liability Insurance David O. 1 L License Higley Permit Application Higley SP Type City Manager Memo Staff Memo Staff Memo Staff Memo Staff Memo Staff Memo Staff Memo Staff Memo THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: J&M Displays Fireworks Permit DATE: June 25, 2024 Dubuque AIFAwrp ica 914 ii 2007-2012.2013 2017*2019 Fire Marshal Kevin Esser is recommending City Council approval of a Fireworks Permit for a private fireworks display at Dubuque Golf and Country Club on July 12, 2024. Aerial fireworks displays require the approval of the City Council prior to permit issuance. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Amy Scheller, Fire Chief Kevin Esser, Fire Marshal THE CITY OF DUB E-E Masterpiece on the Mississippi TO: Mike Van Milligen, City Manager FROM: Kevin Esser, Fire Marshal DATE: June 17, 2024 RE: J&M Displays Fireworks Permit INTRODUCTION Dubuque AII•Ameft Cky �I 2007-2012.2013 2017*2019 J&M Displays, Inc. has applied for a permit for a private fireworks display at Dubuque Golf and Country Club on July 12, 2024. Aerial fireworks displays require the approval of the City Council prior to permit issuance. BACKGROUND A permit application has been received from J&M Displays, Inc for a private fireworks display at the Dubuque Golf & Country Club on July 12, 2024 at approximately 9:30 p.m. The fireworks display will be at a wedding reception and will not be open or advertised to the public. The applicant has submitted all required documentation including a certificate of liability insurance and the qualifications of the pyrotechnics operator. RECOMMENDATION I recommend submittal to the City Council requesting approval to issue a permit to J&M Displays, Inc. for a fireworks display on July 12, 2024. cc: Amy Scheller, Fire Chief U.S. Department of Justice Federal Explosives License/Permit Bureau of Alcohol, Tobacco, Firearms and Explosives (18 U.S.C. Chapter 40) uunnmo iatun wu unor noun�ituai In accordance with the provisions of Title XI, Organized Crime Control Act of 1970, and the regulations issued thereunder (27 CFR Part 553). )ext may engage in the activity specified in this license or permit within the limitations of Chapter 40, Title 18, United Slates Code and the regulations issued thereunder, until the expiration date shown. THIS LICENSE IS NOT TRANSFERABLE UNDER 27 CFR 555.53. See "WARNINGS" and "NOTICES" on reverse. Direct ATF ATF - Chief. FELC License/Permit Correspondence To 244 Needy Road Number Martinsbure_ WV 25405-9431 Explosives Name J & M DISPLAYS INC Premises Address (Changes? Notify the FELC at least 10 days before the move.) 18064 170TH AVE YARMOUTH IA 52660-9772 Type of License or Permit 50-MANUFACTURER OF EXPLOSIVES Purchasing Certification Statement Mailing Address (Changes? Notify the FELC of any changes.) The licensee or pemmrttee named above shall use a copy of this license or permit to assist a transferor of explosives to verify the identity and the licensed status of the licensee or penance as provided by 27 CFR Part 353. The simature on each copv nisi be an original signature. Afaxed, scanned or e-mailed copy of the license or permit with a signature intended to be an original signature is acceptable. The signature must be that of the Federal Explosives Licensee (FEL) or a responsible person of the FEL I certify that this is a true copy of a license or pennit issued to the licensee or perm natned above to engage in the business or operations specified above under "T pe of License or PmniL" /�%p N Gl t 0/ L' e/Permtree eponsiblePers nSignature Position,'fitle e e 01 — �O �,3 _ Printed Name Date Previous Edrtimis Obsolete+avoarunixr:nwimxavcsrrosamrawam,:ww,.xm+ssYuuranvnea or ranmrvu J & M DISPLAYS INC 18064 170TH AVE YARMOUTH, IA 52660-9772 ATF Farm 5400.14/54110.15 Part I --Revised September 20Tf-- Federal Explosives license (FEL) Customer Service Information Federal Explosives Licensing Center (FELC) Toll -free Telephone Number: (877) 283-3352 ATF Homepage: www.alfgov 244 Needy Road Fax Number: (304) 616-4401 Martinsburg, WV 25405-9431 E-mail: FELCcatfgov Change of Address (27 CFR 555.54(a)(1)). Licensees or permittees may during the term of their current license or permit remove their business or operations to a new location at which they intend regularly to carry on such business or operations. The licensee or permittee is required to give notification of the new location of the business or operations not less than 10 days prior to such removal with the Chief Federal Explosives Licensing Center. The license or perout will be valid for the remainder of the term of the original license or permit. (The Chief, FELC, shall, if the licensee or permittee is not qualified, refer the request for amended license or permit to the Director of Industry Operations for denial in accordance with § 555.54.) Right of Succession (27CFR 555.59). (a) Certain persons other than the licensee or pemmittee may secure the right to carry on the same explosive materials business or operations at the same address shown on, and for the remainder of the term of. a current license or permit. Such persons are: (1) The surviving spouse or child, or executor, administrator, or other legal representative of a deceased licensee or permittee; and (2) A receiver or trustee in bankruptcy, or an assignee for benefit of creditors. (b) In order to secure the right provided by this section, the person or persons continuing the business or operations shall furnish the license or permit for for that business or operations for endorsement of such succession to the Chief, FELC, within 30 days from the date on which the successor begins to cary on the business or operations. (Continued on reverse side) Cut Here X ---------------------------------- WARNINGS 1. As provided in Title XI of the Organized Crime Control Act of 1970 (U.S.C. § 842(i)), it is unlawful for any person who (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year, (2) is a fugitive from justice, (3) is an unlawful user of, or addicted to any controlled substance (as defined in section 102 of the Controlled SithstancesAct (21 U.S.C. 802)), (4) has been adjudicated as a mental defective or has been committed to a mental institution, to ship, transport, or receive any explosive materials in interstate or foreign commerce, (5) is an alien, other than an alien who is lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) of the Intntigration and Naturalization Act), or meets any other exception under section 842(i)(5), (6) has been discharged from the armed forces under dishonorable conditions, or (7) having been a citizen of the United States, has renounced the citizenship of that person. 2. Federal Regulation 27 CFR 555.53 - Licensees and permits issued under this part are not transferable to another person. In the event of the lease, sale, or other transfer of the business or operations covered by the license or permit, the successor must obtain the license or permit required by this part before commencing business or operations. 3. Alteration or Changes to the License or Permit. Alterations or changes in the original license or permit or in duplications thereof violates 18 U.S.C. 1001, an offense punishable by imprisonment for not more than 5 years and/or a fine of not more than $250,000. NOTICES 1. Any change in trade name or control of this business or operations MUST be reported within 30 days of the change to the Chief, Federal Explosives Licensing Center (FELC), 244 Needy Road, Martinsburg, WV 25405-9431. (27 CFR 555.56-555.57). A licensee or permittee who reports a Change of Control must, upon expiration of the license or permit, file an ATF Form 5400.13/5400.16. 2. Under § 555A6, Renewal of License/Permit, if a licensee or permittee intends to continue the business or operations described on a license or permit issued under this part during any portion of the ensuing year, the licensee or permittee shall, unless otherwise notified in writing by the Chief, FELC, execute and file with ATF prior to the expiration of the license or permit an application for a license or permit renewal, ATF Form 5400.14/5400.15 Part III, in accordance with the instructions on the form, and the required fee. In the event the licensee or permittee does not timely file an ATF Form 5400.14/5400.15 Part III, the licensee or permittee must file an ATF Form 5400.13/5400.16 as required by § 555.45, and obtain the required license or permit before continuing business or operations. A renewal application will automatically be mailed by ATF to the "mailing address" on the license or permit approximately 60 days prior to the expiration date of the license or permit. If the application is not received 30 days prior to the expiration date, the licensee or uennittee should contact the FELC. Note: The user -limited permits are not renewable. 3. This license or permit is conditional upon compliance by you with the Clean Water Act (33 U.S.C. § 1341(a)). 4. THIS LICENSE OR PERMIT MUST BE POSTED AND KEPT AVAILABLE FOR INSPECTION (27 CFR 555.101). ATF Form 5400.1415400.15 Part I Revised October 2011 Federal Explosives License (FEL) Customer Service Information _ (Continued front front) Discontinuance of Business (27 CFR 555.61)(27 CFR 555.128). Where an explosives materials business or operations is succeeded by a new licensee or permittee, the records prescribed by this subpart shall appropriately reflect such facts and shall be delivered to the successor, or may be, within 30 days following business discontinuance, delivered to the ATF Out -of -Business Records Center, 244 Needy Road, Martinsburg, WV 25405, or to any ATF office in the division in which the business was located. Where discontinuance of the business is absolute, the records shall be delivered within 30 days following the business discontinuance to the ATF Out -of -Business Records Center, 244 Needy Road, Martinsburg, WV 25405, or to any ATF office in the division in which the business was located. Explosive materials must be stored in conformance with requirements set forth in 27 CFR, Part 55. It is unlawful for any person to store any explosive materials in a manner not in conformity with these regulations. TO REPORT LOST OR STOLEN EXPLOSIVES, YOU MUST IMMEDIATELY NOTIFY ATF: CALL TOLL FREE - (888) ATF-BOMB X Cut Here I---------- ------------------ -----I `F A . . • �r-v .. m i YT Ville' Y \i:1� ` M 45 `i .��� � 1 �', r Y•v 11� Y M. •�. )^.SS^^ p � Z � WYY� wit T.n.•.:.i -_ � • r. + ! -� ,nT.s. �• F •. . . � ��'\i Shoot sitelat`42.484968°�lon'90 68¢4;084Y g 7 ��' • �, �` ) _ D �Gorf 1, C bu<que,o�i;it�ry Club'"' t • - F '� ' i Spectators T �,, Yr r ACORN® � CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 6/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Acrisure, LLC dba Britton Gallagher 3737 Park East Dr. STE 204 Beachwood OH 44122 CONTACT NAME: PHONE FAX A/C No Ext : 216-658-7100 A/C No): 216-658-7101 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Everest Denali Insurance Company 16044 INSURED INSURER B : Axis Surplus Ins Company 26620 J & M Displays, Inc. 18064 170th Avenue INSURERC: Everest Indemnity Insurance Co. 10851 INSURER D : Yarmouth IA 52660 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 193610884 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS C GENERAL LIABILITY SI8ML00060-241 1/15/2024 1/15/2025 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE(RENTED PREMISESS Ea occurrence) $ 500,000 CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X jE LOC1 1$ A AUTOMOBILE LIABILITY S18CA00033-241 1/15/2024 1/15/2025 COMBINED SINGLE LIMIT Ea accident $ 1 000 000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED AUTOS X NON -OWNED AUTOS B UMBRELLA LIAB X OCCUR P-001-000063943-06 1/15/2024 1/15/2025 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- OTH- TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Excess Liability#2 S18EX01313-241 1/15/2024 1/15/2025 Each Occ/ Aggregate $4,000,000 Total Limits $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement or permit. FIREWORKS DISPLAY DATE: July 12, 2024 LOCATION OF EVENT: Dubuque Golf & Country Club ADD'L INSURED: The City of Dubuque, Iowa, its employees, volunteers, officers, elected officials, partners, subsidiaries, divisions & affiliates, event sponsors & landowners as their interest may appear in relation to this event; Dubuque Golf & Country Club (venue); Mark Higley (sponsor) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Mark Higley ACCORDANCE WITH THE POLICY PROVISIONS. 915 Victoria Place AUTHORIZED REPRESENTATIVE Dubuque IA 52003 USA �-5/ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD DAVID OETKEN J & M DISPLAYS 18064170TH AVENUE YARMOUTH, IA 52660 License # IL06-0-00031-00176 Expires: 11/15/2024 Illinois Once ofthe Stale Fire Marshal Division of Fire Prevention THIS IS TO CERTIFY THAT DAVID OETKEN Pvrotechnic Operator License Ilas completed nil the requirements under the Pyrotechnic Distributor and Operator Act 225 ILCS 227 and is employed by J & M DISPLAYS d/b/n: -111 SFATE FIRE FNRSINL 11 WEST 9TH. STREET DUBUQUE, IOWA 52001 563-589-4160 FAX 563-589-4209 Permit Application Date of Application: Business, Organization, or Applicant Name: Contact Person: Address: � M u tS'D I av SI ZYtG t.s(XlN '.) k 0.! in _'5 k i /7-o to 4 i-7c" A vc �(�pyr±Ll _i .Sty (010 6 Phone Number: J1 3 y q -.a 4x. ,s" Fax: cl b-2.3 9 3? C) Cell phone: d / 9 'Z E2 1+7J} E-Mail address cTu sm h4a a�, I h �4ys, <om Type of Permit Requested: (Check one) ❑ Agricultural Land Burn (30 day) ❑ Bon Fire (1 day) ❑ Blasting (30 day) El Fireworks / Pyrotechnics (1 day) ❑ Land Clearing Burn (30 day) ❑ Prescribed Burn (30 day) Please provide information regardine permit reauest and event location: oc Details regarding the permit requirements must be filed when application is made and whenever requested by the Fire Marshal. It is the applicant's responsibility to satisfy all permit requirements, submit applicable fees with application, and ensure that conditions are in accordance with applicable State and Local fire regulations. Applicant's Signature FOR DEPARTMENT USE ONLY DATE ISSUED: FEE:S ❑ PAID FIRE MARSHAL 111! AM Displays Proposal for: Higley-Helling Wedding Main Event 1.4G Multi -shell Barrage Units 1 (UN0431) Gold silk crackle tail to gold silk crackle coco with blue 100 sho 1 (UN0431) Pink, Aqua, Lemon with green tail 90 shot W shape 1 (UN0431) Time rain mine to Time rain 100 shot I shape Category Shell Count: 290 3 Inch Color Shells Quantity Name Rising Effect 1 Assortment J of 20 different J&M Brand Shells ELECTRIC FIRE 1 Assortment K Of 20 different J&M Brand shells ELECTRIC FIRE 1 Assortment X of 20 (5 salute, 15 color) J&M Brand Shells ELECTRIC FIRE 1 Assortment Y of 10 pairs (20 shells) J&M shells ELECTRIC FIRE (Low fallout) Category Shell Count: 80 Ignition Items Quantity Name Rising Effect 95 MJG 10' (QUICKPLUGS) (non -regulated ATF) Igniters with 10' leads (FWI 10 - Category Shell Count: 0 Section Shell Count: 370 Finales 2.5 Inch Finales Quantitv Name Risino Effect 6 5 Salute with 5 willows 10 Shot finale chain 3 White peony 10 Shot finale chain Category Shell Count: 90 Section Shell Count: 90 Proposal #: 27465 Designed on: 2024-06-14 20:17:52 Printed on: Mon Jun 17 06:56:00 2024 Page: 1 of 2 18064170th Avenue, Yarmouth, Iowa 52660-9772 1-800-648-3890 9 Fax:1-319-394-3265 main@iandmdisplays.com www.jandmdisplays.com J&M Displays Proposal for: I Higley-Helling Wedding This proposal includes an extension of our $10,000,000.00 spectator liability insurance, and workers compensation on our shoot team. Total Price of Show: $5,000.00 Total Shot Count: 460 Packing Check: 111 Date of Display: 07/12/24 Customer Number: Please Note the Following Comments: The data in this proposal is confidential, and is to be accorded confidential treatment and shall not be disclosed other than to the official representative of the organization listed on the cover, and only then when in the evaluation of this proposal. Any reproduction of the contents of this proposal, whether in whole or in part, is expressly forbidden. J&M Displays, Inc. requests that all information be safeguarded from release pursuant to any request under the Freedom of Information Law of this state or any other state or jurisdiction; as it may cause competitive disadvantage to our company. The enclosed concepts and materials are the sole and exclusive property of J&M Displays, Inc. We reserve the right to make substitutions of equal or greater value. Prices and specifications are subject to change without notice. For choreographed displays the quantity and sizes of product may change based on the music selected; however, the dollar value of the product will remain the same. ShotsDiameter Quantity Shells 3" 4 1 80 8 Shells Shot Ct: 80 Multi -shell Barrage Units 1.2" 6 290 Multi -shell Barrage Units Qty: 6 Shot Ct: 290 Finales 2.5" 9 1 90 9 Finales Qty: 9 Shot Ct: 90 Igniters Needed: 95 Proposal #: 27465 Designed on: 2024-06-14 20:17:52 Printed on: Mon Jun 17 06:56:00 2024 Page: 2 of 2 18064170th Avenue, Yarmouth, Iowa 52660-9772 1-800-648-3890 9 Fax:1-319-394-3265 9 main@jandmdisplays.com 9 www.jandmdisplays.com