Thursday, September 07, 2006
By John Tunison
CHRONICLE NEWS SERVICE: http://www.mlive.com/news/muchronicle/index.ssf?/base/news-5/1157640304180250.xml&coll=8
For years, Ottawa Fireworks owner John Ketchapaw has sold fireworks typically only available across the state line in Indiana -- Roman candles, bottle rockets and the like.
It's big business for Ketchapaw, business he said he does not want to lose.
But last week, he agreed to stop selling things that fly or explode to customers who promise in writing not to use them in Michigan.
Ketchapaw, 61, pleaded no contest to possession of illegal fireworks after more than a year of wrangling with police and prosecutors over the legality of the form customers sign.
He was placed on two years of probation, ordered to pay $400 in fines and costs and agreed to stop using the form.
Ketchapaw, though, is not ready to forever close the "back room" where he stocks the popular rockets that explode in the sky.
About 50 percent of his business comes from those sales, and he does $50,000 to $80,000 in the five days before Independence Day.
"I will definitely be selling under Michigan law, if I do sell it," he said, explaining his search for other options. "The way I feel, I wasn't breaking the law here."
Michigan law permits the use and sale of only Class C fireworks -- paper caps, sparklers, toy snakes, toy smoke devices, cone and cylinder fountains -- without a permit from local government.
Generally, any firework that flies or explodes is illegal. Ketchapaw has sold such fireworks for 15 years using the promissory form at his store on U.S. 31 south of M-45. But, in June 2005, officers with the West Michigan Enforcement Team charged him with the fireworks violation.
And in late June this year, an undercover officer visited again to see if he still was selling the merchandise. Ketchapaw's wife was working at the store that day and used the form, prompting prosecutors to threaten her arrest.
In a letter to Ketchapaw's attorney, Ottawa County Assistant Prosecutor Greg Babbitt warned that he and his wife could be charged again.
Ketchapaw said he decided to take the plea deal to protect his wife He is now looking at an Otsego-based company, Captain Boom LLC, for ways to possibly keep selling things that fly and explode.
Andy Webb, owner of Captain Boom, said state law allows for sales of such fireworks as long as the users have a permit from a local government. He received a users permit from Otsego Township in the name of a nonprofit association called the Michigan Fireworks Association, citing a spot near Bittersweet Ski Resort as the launch spot and paying to insure the site.
Customers who want to buy the flying fireworks must join the association, he said.
He admits his method circumvents state law, but said he is doing nothing wrong.
"Quite frankly, it's ridiculous to have to jump through all these hoops," he said. "Let's make the law more reasonable.
By John Tunison
CHRONICLE NEWS SERVICE: http://www.mlive.com/news/muchronicle/index.ssf?/base/news-5/1157640304180250.xml&coll=8
For years, Ottawa Fireworks owner John Ketchapaw has sold fireworks typically only available across the state line in Indiana -- Roman candles, bottle rockets and the like.
It's big business for Ketchapaw, business he said he does not want to lose.
But last week, he agreed to stop selling things that fly or explode to customers who promise in writing not to use them in Michigan.
Ketchapaw, 61, pleaded no contest to possession of illegal fireworks after more than a year of wrangling with police and prosecutors over the legality of the form customers sign.
He was placed on two years of probation, ordered to pay $400 in fines and costs and agreed to stop using the form.
Ketchapaw, though, is not ready to forever close the "back room" where he stocks the popular rockets that explode in the sky.
About 50 percent of his business comes from those sales, and he does $50,000 to $80,000 in the five days before Independence Day.
"I will definitely be selling under Michigan law, if I do sell it," he said, explaining his search for other options. "The way I feel, I wasn't breaking the law here."
Michigan law permits the use and sale of only Class C fireworks -- paper caps, sparklers, toy snakes, toy smoke devices, cone and cylinder fountains -- without a permit from local government.
Generally, any firework that flies or explodes is illegal. Ketchapaw has sold such fireworks for 15 years using the promissory form at his store on U.S. 31 south of M-45. But, in June 2005, officers with the West Michigan Enforcement Team charged him with the fireworks violation.
And in late June this year, an undercover officer visited again to see if he still was selling the merchandise. Ketchapaw's wife was working at the store that day and used the form, prompting prosecutors to threaten her arrest.
In a letter to Ketchapaw's attorney, Ottawa County Assistant Prosecutor Greg Babbitt warned that he and his wife could be charged again.
Ketchapaw said he decided to take the plea deal to protect his wife He is now looking at an Otsego-based company, Captain Boom LLC, for ways to possibly keep selling things that fly and explode.
Andy Webb, owner of Captain Boom, said state law allows for sales of such fireworks as long as the users have a permit from a local government. He received a users permit from Otsego Township in the name of a nonprofit association called the Michigan Fireworks Association, citing a spot near Bittersweet Ski Resort as the launch spot and paying to insure the site.
Customers who want to buy the flying fireworks must join the association, he said.
He admits his method circumvents state law, but said he is doing nothing wrong.
"Quite frankly, it's ridiculous to have to jump through all these hoops," he said. "Let's make the law more reasonable.