§ 8-17-211 — Permit for Manufacture, Sale, Etc., of Fireworks or Pyrotechnics for Use Before a Proximate Audience; Record of Sales; Enforcement

(a) It shall be unlawful for any person to manufacture, sell, offer for sale, or ship or cause to be shipped into or within the State of Alabama, except as herein provided, any item of fireworks or pyrotechnics for use before a proximate audience, without first having secured the required applicable permit, as a manufacturer, distributor, wholesaler, annual retailer, or seasonal retailer, from the State Fire Marshal. Possession of a permit is a condition prerequisite to manufacturing, selling, or offering for sale, or shipping or causing to be shipped any fireworks or pyrotechnics for use before a proximate audience into or within the State of Alabama, except as herein provided. This provision applies to nonresidents as well as residents of the State of Alabama. Mail orders where consumers purchase any fireworks or pyrotechnics for use before a proximate audience through the mail or receive any fireworks or pyrotechnics for use before a proximate audience in Alabama by mail, parcel service, or other carrier are prohibited. A sales clerk must be on duty to serve consumers at the time of purchase or delivery. All fireworks or pyrotechnics for use before a proximate audience sold and delivered to consumers within the State of Alabama must take place within the State of Alabama and be sold and delivered only by an individual, firm, partnership, or corporation holding the proper Alabama permit and all fireworks or pyrotechnics for use before a proximate audience coming into the state, manufactured, sold, or stored within the state shall be under the supervision of the State Fire Marshal as provided for in this article.
(b) Prior to engaging in the manufacture or sale within the State of Alabama, or shipment into the State of Alabama, of any fireworks or pyrotechnics for use before a proximate audience, each person making shipment or delivery or receiving any fireworks or pyrotechnics for use before a proximate audience into or within the State of Alabama, must make application on forms secured from the State Fire Marshal for a permit or permits required under this article for each location at which fireworks or pyrotechnics for use before a proximate audience are to be offered for sale.
(c) A manufacturer’s permit issued under this article shall be subject to rules adopted by the State Fire Marshal to govern the manufacture of fireworks or pyrotechnics for use before a proximate audience as in the judgment of the State Fire Marshal the public welfare may require.
(d) The decision of the State Fire Marshal as to what type of permit or permits shall be required of each person shall be final. The State Fire Marshal may deny a permit to an applicant or revoke a permit if the State Fire Marshal has knowledge or reason to believe the safety standards and conditions of this article are not or cannot be met by the applicant. No permit shall be issued to a person under the age of 18 years. All permits shall be for the calendar year or any fraction thereof and shall expire on December 31 of each year, two days of grace shall be allowed holders of permits after expiration thereof. Only one seasonal retailer permit shall be required for a full calendar year, and it shall be valid for both fireworks seasons, provided that the building is not moved from the location where it was originally permitted and no substantial structural or environmental changes have occurred. A seasonal retailer permit may be issued after July tenth for the remaining fireworks season of that calendar year. All permits issued must be displayed in their place of business. No permit provided for herein shall be transferable nor shall a person be permitted to operate under a permit issued to any other person or under a permit issued for another location, unless the transfer was approved by the State Fire Marshal. The holder of an annual retailer permit shall not be required to obtain a seasonal retailer permit.
(e) The State Fire Marshal shall charge for permits issued as follows:
(1) Manufacturer, three thousand dollars ($3,000).
(2) Distributor, three thousand dollars ($3,000).
(3) Wholesaler, one thousand dollars ($1,000).
(4) Annual Retailer:
a. Of aerial devices, sparkling devices, audible ground devices, and novelties, three hundred dollars ($300) per location.
b. Of only sparkling devices and novelties, one hundred fifty dollars ($150) per location.
c. Of only novelties, fifty dollars ($50) per location.
(5) Seasonal Retailer:
a. Of aerial devices, sparkling devices, audible ground devices, and novelties, three hundred dollars ($300) per location.
b. Of only sparkling devices and novelties, one hundred fifty dollars ($150) per location.
(6) Seasonal Retailer after July 10, one-half the permit fee indicated in subdivision (5).
(7) Display, application filed at least 10 business days before display date, seventy-five dollars ($75).
(8) Display, application filed less than 10 business days before display date, one hundred fifty dollars ($150).
(f) Only holders of an annual retailer or seasonal retailer permit may engage in the retail sale of aerial devices, sparkling devices, audible ground devices, and novelties, in any quantity, to consumers.
(g) A holder of a manufacturer’s permit is not required to have any additional permit or permits in order to sell to distributors, wholesalers, retailers, or seasonal retailers.
(h) A record of all sales by manufacturers, distributors, or wholesalers must be kept showing the names and addresses of purchasers. All fees collected for the permits shall be paid into the State Fire Marshal’s Fund for the enforcement of this article. The State Fire Marshal may designate a deputy fire marshal as the “fireworks enforcement officer” who shall direct enforcement of the state fireworks laws.
(i) The State Fire Marshal is charged with the enforcement of this article and may call upon any state or county or city peace officer for assistance in the enforcement of this article. The fire marshal is not authorized to adopt rules in conflict with or that go beyond the scope or intent of this article.
(j) Every five years, the State Fire Marshal may increase the fees by the percentage increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics from the end of December 2020, to the end of the month preceding the month in which the fee increase is to be effective, rounded down to the nearest dollar. The increase may not exceed 2 percent per year.

Legislative History

(Acts 1981, No. 81-409, p. 638, §2; Acts 1987, No. 87-563, p. 876, §2; Act 2003-378, p. 1068, §1; Act 2021-399, §1.)