320.111. Manufacture, distribution and sale, permit required--issuance, display of, duration--powers and duties of state fire marshal, inspections--fees--rights and obligations of permit holders--rule - Missouri Statutes

Manufacture, distribution and sale, permit required--issuance, displayof, duration--powers and duties of state fire marshal,inspections--fees--rights and obligations of permitholders--rules, procedure--penalty for violation.

320.111. 1. It is unlawful for any person to manufacture, sell, offerfor sale, ship or cause to be shipped into or within the state of Missouriexcept as herein provided any item of fireworks, without first having securedthe required applicable permit as a manufacturer, distributor, wholesaler,jobber or seasonal retailer from the state fire marshal and applicable federalpermit or license. Possession of said permit is a condition precedent tomanufacturing, selling or offering for sale, shipping or causing to be shippedany fireworks into the state of Missouri, except as herein provided. Thisprovision applies to nonresidents as well as residents of the state ofMissouri.

2. The state fire marshal has the authority and is authorized anddirected to issue permits for the sale of fireworks. No permit shall beissued to a person under the age of eighteen years. All permits except forseasonal retailers shall be for the calendar year or any fraction thereof andshall expire on the thirty-first day of December of each year.

3. Permits issued must be displayed in the permit holder's place ofbusiness. No permit provided for herein shall be transferable nor shall aperson operate under a permit issued to another person or under a permitissued for another location. Manufacturer, wholesaler, jobber, anddistributor permit holders operating out of multiple locations shall obtain apermit for each location.

4. Failure to make application for a permit by May thirty-first of thecalendar year may result in the fire marshal's refusal to issue a license tothe licensee or applicant for such calendar year.

5. Any false statement or declaration made on a permit application mayresult in the state fire marshal's refusal to issue such permit to therequesting person for a period of time not to exceed three years.

6. The state fire marshal is authorized and directed to charge thefollowing fees for permits:

(1) Manufacturer, a fee of seven hundred seventy-five dollars percalendar year;

(2) Distributor, a fee of seven hundred seventy-five dollars percalendar year;

(3) Wholesaler, a fee of two hundred seventy-five dollars per calendaryear;

(4) Jobber, a fee of five hundred twenty-five dollars per calendar yearper sales location;

(5) Seasonal retailer, a fee of fifty dollars per calendar year persales location;

(6) Display fireworks, a fee of one hundred dollars per calendar yearper location;

(7) Proximate fireworks display permit, a fee of one hundred dollars percalendar year per location;

(8) Licensed operator, a fee of one hundred dollars for a three-yearlicense;

(9) Pyrotechnic operator, a fee of one hundred dollars for a three-yearlicense.

7. A holder of a manufacturer's permit shall not be required to have anyadditional permits in order to sell to distributors, wholesalers, jobbers orseasonal retailers, or to sell display, or proximate fireworks.

8. A holder of a distributor's permit shall not be required to have anyadditional permits in order to sell to wholesalers, jobbers, seasonalretailers or to sell display, or proximate fireworks.

9. A holder of a jobber's permit shall not be required to have anyadditional permit in order to sell consumer fireworks at retail during thefireworks season from such jobber's permanent structure.

10. All fees collected for permits issued pursuant to this section shallbe deposited to the credit of the fire education fund created pursuant tosection 320.094. Any person engaged in more than one permit classificationshall pay one permit fee based upon the permit classification yielding thehighest amount of revenue.

11. The state fire marshal is charged with the enforcement of theprovisions of sections 320.106 to 320.161 and may call upon any state, countyor city peace officer for assistance in the enforcement of the provisions ofsections 320.106 to 320.161. The state fire marshal may promulgate rulespursuant to the requirements of this section and chapter 536, RSMo, necessaryto carry out his or her responsibilities under this act* including rulesrequiring training, examination, and licensing of licensed operators andpyrotechnic operators engaging in or responsible for the handling and use ofdisplay and proximate fireworks. The test shall incorporate the rules of thestate fire marshal, which shall be based upon nationally recognized standards. No rule or portion of a rule promulgated pursuant to this chapter shallbecome effective unless it has been promulgated pursuant to the provisions ofchapter 536, RSMo.

12. The state fire marshal, upon notification by the department ofrevenue, may withhold permits from applicants upon evidence that all statesales taxes for the preceding year or years have not been paid; except, thissubsection shall not apply if an applicant is pursuing any proper remedy atlaw challenging the amount, collection, or assessment of any sales tax.

13. A holder of a distributor, wholesaler, or jobber's permit shall berequired to operate out of a permanent structure in compliance with allapplicable building and fire regulations in the city or county in which saidperson is operating a fireworks business. Seasonal retail permit locationsshall be in compliance with all applicable building and fire regulations. Theapplicant may be subject to a fire safety inspection by the state fire marshalbased upon promulgated rules and regulations adopted by the state firemarshal.

14. It is unlawful for any manufacturer, distributor, wholesaler, orjobber to sell consumer fireworks to a seasonal retailer who has not acquiredan appropriate permit from the state fire marshal for the current permitperiod. A seasonal retailer shall acquire and present the appropriate permitfrom the state fire marshal before any manufacturer, distributor, wholesaleror jobber is allowed to sell consumer fireworks to such seasonal retailer,provided that such seasonal retailer is purchasing the consumer fireworks forresale in this state.

15. The state fire marshal and the marshal's deputies may conductinspections of any premises and all portions of buildings where fireworks arestored, manufactured, kept or being offered for sale. All persons selling,offering for sale, barter, gift, exchange, or offer thereof any fireworksshall cooperate fully with the state fire marshal and the marshal's deputiesduring any such inspection. This inspection shall be performed during normalbusiness hours.

16. In addition to any other penalty, any person who manufactures,sells, offers for sale, ships or causes to be shipped into or caused to beshipped into the state of Missouri, for use in Missouri, any items offireworks without first having the required applicable permit shall beassessed a civil penalty of up to a one thousand dollar fine for each day ofoperation up to a maximum of ten thousand dollars.

(L. 1985 S.B. 76 § 2, A.L. 1987 H.B. 416, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196)

*"This act" (S.B. 1196, 2004) contained numerous sections. Consult Disposition of Sections table for a definitive listing.