Westover Council talking fireworks as large retailer eyes store location
Apr. 24—WESTOVER — According to city code, it remains perfectly legal for any sober individual who's at least 18 years old to enjoy consumer fireworks in the city of Westover — but only between 5 p.m.-10 p.m. on July 4th, Labor Day and Memorial Day.
The law is far less specific, however, when it comes to selling said fireworks.
During its most recent regular meeting, Westover City Council approved on first reading an ordinance amending Article 545.10 of city code, pertaining to sale, possession and discharge of fireworks.
The change was initiated by interest from a large fireworks wholesaler in the former Wells Home Furnishings building at the corner of Fairmont Road and Dents Run Boulevard.
"He has 90 stores. He has a couple in West Virginia, and he was looking to buy that building, " Westover Public Works Director Jason Stinespring explained earlier this month.
According to attorney Tim Stranko, there is nothing in Westover's zoning code that would prohibit the establishment of a brick-and-mortar fireworks store.
However, the way Article 545.10 is currently worded, the city will only provide a license to sell fireworks for undefined "timeframes " around the patriotic holidays listed above.
It was explained this section of code was originally written to regulate the temporary tent sales that pop up every summer, not permanent retail stores.
The proposed ordinance change not only specifies that these parameters are specific to temporary structures, but spells out when those seasonal sellers can operate — from July 13 to July 6 for the July 4th holiday and three weeks preceding and three days following Memorial Day and Labor Day.
When questioned by council, Stinespring explained the state fire marshal must sign off on both permanent retail locations and temporary sellers.
Further, he said the state has specific regulations in place for brick-and-mortar stores that consider everything from the distance to neighboring buildings to the number and types of sprinklers that must be installed to the manner in which the merchandise is situated within the building.
According to the Monongalia County Assessor's parcel viewer, the building in question is 11, 680 square feet and sits on.91 acres. The property — land and building — was most recently appraised at just over $1.4 million.
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