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.715 Requirements For Sale Of Certain Consumer Fireworks.

227.715 Requirements for sale of certain consumer fireworks.

Except as provided in KRS 227.710, the consumer fireworks described in KRS 227.702

may be offered for sale, sold at retail, or kept with the intent to sell, only if the following

requirements are met:

(1) Any person, firm, co-partnership, nonprofit, or business intending to sell consumer

fireworks described in KRS 227.702(1) shall register annually with the state fire

marshal, who may assess a fee of no more than twenty-five dollars ($25) for each

site at which fireworks shall be sold. The registration requirement under this section

shall not apply to permanent business establishments which are open year round and

in which the sale of fireworks is ancillary to the primary course of business. Each

location shall be required to charge sales tax at the current rate imposed on retailers

in KRS 139.200;

(2) Permanent business establishments open year-round and in which the sale of

consumer fireworks is ancillary to the primary course of business shall only be

permitted to sell those consumer fireworks described in KRS 227.702(1), or shall

meet the criteria for "seasonal retailer" described in subsection (3) of this section;

(3)

"Seasonal retailers" shall be defined as any person, firm, co-partnership, nonprofit,

or corporation intending to sell "consumer fireworks" between June 10 and July 7,

or December 26 and January 4 of each year or both, and shall include permanent

businesses, temporary businesses, stores, stands, or tents. A seasonal retailer shall

register with the state fire marshal, who may assess a fee of no more than two

hundred fifty dollars ($250) for each site at which fireworks shall be sold. Each

location shall be required to charge sales tax at the current rate imposed on retailers

in KRS 139.200;

(4) Any person, firm, co-partnership, nonprofit, or corporation intending to sell

consumer fireworks, as defined in KRS 227.702(2) and (3) as the primary source of

business, that is not a seasonal retailer as defined in subsection (3) of this section,

shall register with the state fire marshal, who may assess a fee of no more than five

hundred dollars ($500) for each site at which fireworks will be sold. Each location

shall be required to charge sales tax at the current rate imposed on retailers in KRS

139.200;

(5) The annual registration required by this section shall be received by the state fire

marshal at least fifteen (15) days prior to offering fireworks for sale at the site for

which the registration is intended. Evidence that a sales and use tax permit has been

obtained from the Department of Revenue shall be presented to the state fire

marshal as a condition of registration. If the registration is received less than fifteen

(15) days prior to offering fireworks for sale at the site for which registration is

intended, an additional assessment of one hundred dollars ($100) shall be added to

the initial fee;

(6) Each site at which fireworks are offered for sale shall have its registration certificate

displayed in a conspicuous location at the site;

(7) Each site at which fireworks are offered for sale shall comply with all applicable

provisions of the International Building Code, with Kentucky Amendments

(adopted edition), and NFPA 1124 (National Fire Protection Association) – Code

for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and

Pyrotechnic Articles (adopted edition);

(8) No person or business shall give, offer for sale, or sell any consumer fireworks

listed in KRS 227.702 to any person under eighteen (18) years of age;

(9) No person under eighteen (18) years of age may be employed by a fireworks

distribution facility or manufacturing facility. No person under eighteen (18) years

of age shall sell consumer fireworks at a consumer fireworks retail sales facility

registered under this section unless the individual is supervised by a parent or

guardian;

(10) The state fire marshal may revoke the registration of any site which is in violation

of a requirement of this section, or any other requirement provided pursuant to this

chapter. If the violation renders any property especially susceptible to fire loss, and

there is present such hazard to human life or limb that the public safety imperatively

requires emergency action, the state fire marshal may take that action, as provided

in KRS 227.330(6); and

(11) A person lawfully possessing consumer fireworks, as defined in KRS 227.702(2)

and (3) may use those items if:

(a) He or she is at least eighteen (18) years of age;

(b) Fireworks are not ignited within two hundred (200) feet of any structure,

vehicle, or any other person; and

(c) Use of the fireworks does not place him or her in violation of any lawfully

enacted local ordinance.

Effective: March 16, 2011

History: Amended 2011 Ky. Acts ch. 66, sec. 7, effective March 16, 2011. -- Amended

2010 Ky. Acts ch. 24, sec. 426, effective July 15, 2010. -- Amended 2004 Ky. Acts

ch. 70, sec. 2, effective July 13, 2004. -- Created 1994 Ky. Acts ch. 335, sec. 1,

effective July 15, 1994.

2016-2018 Budget Reference. See State/Executive Branch Budget, 2016 Ky. Acts ch.

149, Pt. I, L, 8, (1) at 1094.

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Local Government
Kentucky
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Matt Bevin
Matt Bevin
December 8, 2015 -
Republican
1-502-875-3733
229 West Main Street, Suite 400, Frankfort, KY, 40601

Keywords
fireworks
sale
consumer
business
registration
sell
krs
retail
227
sales