Vote Smart's Synopsis:

Vote to pass a bill that authorizes and regulates the sale of consumer fireworks.

Highlights:

• Authorizes an individual to sell “consumer fireworks” from a permanent building or store, or from a temporary fireworks retail sales stand which meets the requirements provided by the National Fire Protection Association Standard (Sec. 2).
• Defines “consumer fireworks” as any small fireworks device containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission (Sec. 1).
• Specifies that the sale of consumer fireworks must occur in an in-person, face-to-face transaction (Sec. 2).
• Establishes the following consumer fireworks sale licensure fees (Sec. 3):
• A $5,000 initial licensing fee for a permanent consumer retail sales facility;
• A $200 initial licensing fee for a temporary fireworks retail stand; and
• A $100 annual licensing fee for stores selling consumer fireworks.
• Prohibits the Safety Fire Commissioner from issuing more than 2 licenses per county per year for a temporary consumer fireworks retail sales stand (Sec. 3).
• Requires an individual to meet the following requirements before obtaining a consumer fireworks sales license and selling consumer fireworks (Secs. 1- 3):
• The individual must be over the age of 18;
• The individual must not have been convicted of a fireworks-related felony within the 5 years prior to licensure;
• The individual must possess liability insurance of at least $2 million at all times; and
• The individual must be a bona fide representative of a non-profit organization, if they operate a temporary consumer fireworks retail stand.
• Establishes a 5 percent excise tax on the sale of consumer fireworks that is to be applied to each item sold (Sec. 7).
• Specifies that a violation of the excise tax provision in this bill is a civil penalty punishable by a fine of no more than $10,000 in addition to the amount of tax due (Sec. 7).
• Specifies that all other violations of the provisions in this bill are punishable by a fine not to exceed $2,500 for each offense, with each sales transaction violation classified as a separate offense (Sec. 5).
• Authorizes the governing authority of a county or municipal corporation to further regulate or prohibit the sale of consumer fireworks from a temporary fireworks retail stand (Sec. 6).

Full Bill Text