Section 320.111

Title XXI PUBLIC SAFETY AND MORALS

Chapter 320

Effective - 28 Aug 2004   

  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 — rules, procedure — penalty for violation. — 1.  It is unlawful for any person to manufacture, sell, offer for sale, ship or cause to be shipped into or within the state of Missouri except as herein provided any item of fireworks, without first having secured the required applicable permit as a manufacturer, distributor, wholesaler, jobber or seasonal retailer from the state fire marshal and applicable federal permit or license.  Possession of said permit is a condition precedent to manufacturing, selling or offering for sale, shipping or causing to be shipped any fireworks into the state of Missouri, except as herein provided.  This provision applies to nonresidents as well as residents of the state of Missouri.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  13.  A holder of a distributor, wholesaler, or jobber's permit shall be required to operate out of a permanent structure in compliance with all applicable building and fire regulations in the city or county in which said person is operating a fireworks business.  Seasonal retail permit locations shall be in compliance with all applicable building and fire regulations.  The applicant may be subject to a fire safety inspection by the state fire marshal based upon promulgated rules and regulations adopted by the state fire marshal.

  14.  It is unlawful for any manufacturer, distributor, wholesaler, or jobber to sell consumer fireworks to a seasonal retailer who has not acquired an appropriate permit from the state fire marshal for the current permit period.  A seasonal retailer shall acquire and present the appropriate permit from the state fire marshal before any manufacturer, distributor, wholesaler or jobber is allowed to sell consumer fireworks to such seasonal retailer, provided that such seasonal retailer is purchasing the consumer fireworks for resale in this state.

  15.  The state fire marshal and the marshal's deputies may conduct inspections of any premises and all portions of buildings where fireworks are stored, manufactured, kept or being offered for sale.  All persons selling, offering for sale, barter, gift, exchange, or offer thereof any fireworks shall cooperate fully with the state fire marshal and the marshal's deputies during any such inspection.  This inspection shall be performed during normal business 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 be shipped into the state of Missouri, for use in Missouri, any items of fireworks without first having the required applicable permit shall be assessed a civil penalty of up to a one thousand dollar fine for each day of operation up to a maximum of ten thousand dollars.

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(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.