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Retailer, county fight over fireworks tents
By JEFFREY S. SOLOCHEK, Times Staff Writer SPRING HILL -- Galaxy Fireworks wants to help Hernando County residents bring in the new year with a bang. But the company's attempt to set up sales tents in its usual locations -- Mariner Boulevard at County Line Road and in front of Lakewood Plaza on U.S. 19 -- has incurred the wrath of county government. The controversy boils down to the issue of permits: Galaxy claims it has them, and the county says it doesn't. Code enforcement officers have fined the Tampa-based firm more than $1,000 for code violations since Friday, and intend to keep writing tickets until Galaxy clears up the situation. "We're going to cite them on an everyday basis," deputy county administrator Dick Radacky said Wednesday. "They're operating without approval, and they would be in violation of our ordinance." Galaxy president Sharon Hunnewell counters that her company has state permission to sell fireworks, and the land in question is zoned for commercial and retail use. She noted that the county failed to win a temporary injunction that would have stopped the tents from going up, suggesting that ruling implied the company was in the right. "We're not setting up illegal fireworks," Hunnewell said. "If they want to leave citations, they were told by our attorney to go ahead, and they did so. This issue will be fought out in court." During the spring, commissioners changed the rules that govern temporary and seasonal sales. The revisions were aimed at stemming the flow of fly-by-night car dealers that set up in parking lots over weekends and then disappeared. All other types of impermanent sales operations also came under the rules, which stated they must have adequate restroom, parking, and garbage facilities, and be set up on a developed piece of land. The purpose, development director Grant Tolbert said, is to ensure that the necessary infrastructure is in place to support the business. Galaxy asked to set up on grassy areas and its permits were denied, he said, making its operations "totally illegal." The same problem arose in the days leading to July Fourth celebrations, Tolbert said, and Galaxy simply paid the fines and kept its tents up. Galaxy could seek a conditional use permit, which would get around such matters, Tolbert said, but has refused to do so. Terry Lenick, Galaxy's lawyer, saw the situation otherwise. He contended that the county is attempting to impose rules for secondary uses, such as swimming pools outside single-family homes, upon primary uses, such as the homes themselves. The parking and other regulations would make sense, Lenick said, if the fireworks tents were set up in an established business parking lot. But the tents are on otherwise unused outparcels, one of which Galaxy owns, and are temporary principal uses. The parking and other requirements should not apply, he said. "They went in for a temporary injunction and they lost," he said. "Now they're in the process of figuring every nuance of every ordinance to cite, and they're issuing a bunch of them." The company has received several citations for lacking a commercial tent permit, for having a commercial tent without a building permit on an undeveloped parcel, for use of land without authority, and for excessive banners. "They're acting like a bunch of kids up there," Lenick said. He said the issue is political, probably against fireworks, and he would be prepared to argue any legal points the county might raise. Assistant county attorney Kent Weissinger said he was considering whether to appeal the injunction ruling, knowing full well that the decision would come long after the season has ended. "The principle is going to apply every July and every January," Weissinger said. "One way or another, we're looking at our options."
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