Fireworks retailers express frustration with Iowa licensing process

CEDAR RAPIDS - For nearly a decade, Cedar Rapids business owner Alberto Lacayo III has spent every June and part of July selling fireworks in Missouri to supplement his income. He was overjoyed when a bill expanding the sale of fireworks in Iowa became law last month.

'I about did a back flip. I couldn't believe my ears,” Lacayo said.

He started the application for a state license to sell the newly legal fireworks - like firecrackers, Roman candles and aerial shells - but despite his passion for pyrotechnics, Lacayo said he put his plans on hold because of the laborious licensing process.

'It wasn't as easy as I hoped it would've been,” Lacayo said. 'Since it's so new in Iowa, (officials) aren't prepared to answer a lot of the questions I had.”

Since May 9, when now former Gov. Terry Branstad signed legislation permitting the possession, sale and use of consumer-grade fireworks during certain time periods, the state has issued 188 fireworks retail sales licenses and has more than 100 application reviews in progress. Some hopeful retailers say a range of complications made for a difficult transition, but other licensed business owners say the process went smoothly.

Roadblocks

The application process has been chaotic for many distributors and retailers, said Eric Clauson, operations manager for Wild Willy's Fireworks, a Nebraska-based fireworks distributor and seller.

Since the law was implemented so close to fireworks season, Wild Willy's didn't have enough time to establish as many sales tents as managers wanted, he said.

Instead, the business will primarily supply other retailers in Eastern Iowa, he said, and run a few tents on the western side of the state. Wild Willy's started 20 separate fireworks retailer license applications as of June 12, according to an Iowa State Fire Marshal database.

Ali Boettcher communications director for Urbandale-based Iowa Fireworks Co. said the company, which is one of 11 licensed to sell in Linn County so far, had few issues with the state licensing process but has hit roadblocks at the city level.

Six licenses have been granted so far to businesses planning to sell in Johnson County.

The new law allows cities to regulate fireworks use more strictly than the state. Many municipalities have been scrambling to come up with a response to the new legislation, Boettcher said.

'It's been a very fast-moving process, and cities tend to move more slowly,” she said.

The company has been working with city councils as they craft their own ordinances, Boettcher said.

City regulations in Eastern Iowa vary widely. For example, Iowa City banned the use of fireworks while Cedar Rapids is allowing use in line with state law. Some cities, like Marion, further restricted when fireworks can be used, while others, like Des Moines, require sales tents to be taken down at the end of each day.

It's important the company track each set of regulations when applying for city permits, Boettcher said.

Convenience store chain Kum & Go, which has nearly 20 locations around the Corridor, started the permit application process but will not sell fireworks in 2017 because of the uncertainty surrounding city actions.

'We didn't have a clear picture of where we would and would not be able to sell them, so (we) decided against it for this year,” Kum & Go communications director Kristie Bell said in an email to The Gazette.

Licensing process

The multistep licensing process begins when an individual registers online through the State Fire Marshal's licensing portal, said Fire Marshal Jeff Quigle.

Once an applicant fills in basic information and submits required insurance forms along with a drawing of the intended sale site, state architects and engineers check the site maps for compliance with safety codes, he said.

From there, either state or local officials inspect the site in person, Quigle said, explaining that this step is often where delays occur.

The office is supposed to turn applications around in three days, but many brick-and-mortar site inspections have revealed issues - like insufficient safety measures - that require additional days of work, he said.

Quigle said officials tried to automate as much of the process as possible for maximum efficiency. For example, inspection reports are uploaded automatically when an official has an internet connection.

'Have we had a few glitches? Yes. It's not perfect, but for the most part, it's working pretty well,” Quigle said.

Sundown Fireworks owners Travis and Danielle Allen, who opened their Williamsburg store on June 7, said for them, the licensing process was relatively simple.

Danielle Allen's family has been in the South Dakota fireworks business for nearly 80 years. The couple said family members' expertise, as well as extensive study of relevant codes and procedures helped them apply for a license efficiently.

Lacayo - who plans to start a new fireworks business under the umbrella of his current company, ClimbLab LLC - said he's looking forward to the prospect of launching a brick-and-mortar store focused on niche products, like aerial display fireworks, once he applies for a permit later this year.

But until December, he's refining his business plan and waiting to see how others navigate the licensing process.

'There is so much back and forth,” he said. 'That deterred me from feeling more confident about the application.”

l Comments: (319) 368-8542; rilyn.eischens@thegazette.com

About the law

' Licensed retailers and community groups are allowed to sell the fireworks out of permanent structures to adults between June 1 and July 8, and again between Dec. 10 and Jan. 3.

' They are allowed to sell from temporary structures, such as tents, from June 13 to July 8.

' Fireworks can be set off from 9 a.m. to 10 p.m. on June 1 to July 8 and again on Dec. 10 to Jan. 3 each year, but with some expanded hours on certain dates.

' Those expanded hours would be between 9 a.m. and 11 p.m. July 4 and the Saturday and Sunday before and after it; between 9 a.m. Dec. 31 and 12:30 a.m. Jan. 1; and between 9 a.m. and 11 p.m. on the Saturday and Sunday before and after Dec. 31.

Use in the cities

The new state law allows municipalities to set their own rules regarding use of fireworks. Some have decided to follow the state guidelines, others are allowing the use but with different restrictions and some are continuing a total ban. Here is a breakdown of a handful of local municipalities:

' Following state guidelines - Cedar Rapids, Springville, Hiawatha

' Allowing with different guidelines - Marion, Fairfax

' Banned use of fireworks - Ely, Atkins, Swisher, Mount Vernon, Solon, University Heights, Center Point, Iowa City

' Banned but planning city discussion - North Liberty, Coralville, Tiffin