The idea: Buy the former H&H Marine building in Superior, make a $400,000 investment to improve its appearance and bring it up to code and open a fireworks shop.
The problem: Without a change in the city's ordinances, it can't be done unless the investor sells a line of products in addition to fireworks.
The city's License and Fees Committee decided this week it would be less than neighborly to sell the explosive products to residents of Minnesota, where they are illegal without a permit, when residents of Superior couldn't even buy the products.
While Wisconsin law allows the sale of Class C fireworks, it doesn't allow residents of the state to possess them without a permit.
Michael Callaway of Readstown, Wis., was unable to persuade members of the panel to change city ordinances to accommodate the investment, even after he convinced them measures were in place to prevent the sale of the products to Wisconsin residents.
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Superior would be a good location for out-of-state sales, Callaway said.
Councilor Esther Dalbec, a member of the panel, was unconvinced the measures would stop a clerk from selling the product to Wisconsinites "out the back door" or keep the fireworks out of the hands of Wisconsin residents -- likening it to problems with underage drinking in spite of prohibitions against selling alcohol to people younger than 21.
Superior's ordinances require a merchant to operate at least six months consecutively before registering to sell fireworks in the city and sell another product line in a permanent location. The city's ordinances were changed over the past few years to eliminate street vendors selling fireworks on the border between Wisconsin and Minnesota, where both states prohibit use without a permit, but Wisconsin allows the sale anyway.
Callaway said he didn't believe he could come up with another line of products in time for this year's Independence Day celebration to meet the requirements of city law.
License and Fees Chairman Bob Finsland said it didn't make sense to create problems for neighboring communities like Duluth, an opinion shared by the city's development and government affairs director, Jeff Vito.
"There is no upside to changing the ordinance," Vito said. "I'm not sure what kind of image that would portray."
Port and Planning Director Jason Serck said the panel's decision doesn't prohibit the development. Callaway could seek a special use permit -- something he doubted would gain support -- or comply with the city's ordinance to set up shop.
