§ 25-10-5-1 — Requirements for issuance of license to distribute consumer fireworks; required signage

Georgia § 25-10-5-1

• Jurisdiction: Georgia
• Title: 25

Text

(a) (1) A license pursuant to this Code section shall only be issued to a distributor that: (A) Complies with all the requirements of this chapter; and (B) Maintains at all times public liability and product liability insurance with minimum coverage limits of $2 million to cover the losses, damages, or injuries that might ensue to persons or property as a result of selling consumer fireworks. (2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an application executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20 . (3) Applications to the Safety Fire Commissioner pursuant to this Code section shall be upon forms prescribed and promulgated by the Safety Fire Commissioner. (4) Any person, firm, corporation, association, or partnership seeking a license pursuant to subsection (b) or (d) of this Code section shall have property from which the applicant intends to sell consumer fireworks under such person's, firm's, corporation's, association's, or partnership's ownership or legal control through a lease, rental agreement, licensing agreement, or other contractual instrument at the time of filing the application for such license, and such property shall be in a condition ready for inspection. (b) (1) The initial license fee for a distributor selling consumer fireworks from a permanent consumer fireworks retail sales facility shall be $1,500.00 per location, payable to the Safety Fire Commissioner; provided, however, that the initial license fee shall be $5,000.00 for a distributor that is not licensed pursuant to this subsection prior to July 1, 2016. Upon finding that a distributor has met the requirements of subsection (a) of this Code section and upon payment of such license fee, such initial license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 per year, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of subsection (a) of this Code section and upon payment of such license fee, such annual license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall apply for an annual license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year. (2) The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 30 days of the submission of an application for any initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the permanent consumer fireworks retail sales facility. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (c) (1) The license fee for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales stand shall be $500.00 per location, payable to the governing authority of the county, municipality, or other political subdivision of this state in whose boundaries such temporary consumer fireworks retail sales stand shall be located or is proposed to be located. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, has a license pursuant to subsection (b) or (d) of this Code section, has no more than the allowable temporary consumer fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2 , that the sales of consumer fireworks from such temporary consumer fireworks retail sales stand shall accrue to the benefit of a nonprofit group, and upon payment of such license fee, such license shall be issued by the fire department of the county, municipality, or other political subdivision or the chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority of the area in which such temporary consumer fireworks retail sales stand shall be located or is proposed to be located. Such license shall identify the temporary consumer fireworks retail sales stand applicable to such license and shall expire on the next January 31 after the issuance of such license. (2) A determination by a fire department as provided for under paragraph (1) of this subsection of whether a distributor has met requirements for the issuance of a license pursuant to this subsection shall be made within 30 days of the submission of an application for any such license. Such application shall be in writing and, if such fire department provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by such fire department. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by such fire department, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the temporary consumer fireworks retail sales stand. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (3) For at least one of the temporary consumer fireworks retail sales stands provided for under subparagraph (b)(6)(B) of Code Section 25-10-2 , a nonprofit group benefiting from the sale of consumer fireworks from such temporary consumer fireworks retail sales stand shall directly participate in operating such temporary consumer fireworks retail sales stand. It shall be unlawful for a nonprofit group or any agent or bona fide representative of a nonprofit group to knowingly lend the name of the nonprofit group or allow the identity of the nonprofit group to be used for the license under this subsection if such nonprofit group is not directly participating in operating, or benefiting from the operation of, such temporary consumer fireworks retail sales stand. (4) The governing authority of a county, municipality, or other political subdivision receiving fees pursuant to this Code section shall expend such fees for public safety purposes. (5) A distributor licensed pursuant to this subsection shall submit a list of the names and addresses, including the counties, of each temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale pursuant to this Code section to the Safety Fire Commissioner. Such list shall be submitted not less than 30 days prior to first having a temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale and not less than 30 days prior to having such distributor's consumer fireworks offered for sale at a location not previously included on such list. The Safety Fire Commissioner shall make such list publicly available for inspection. In making determinations as provided for under this subsection, fire departments shall reference the list provided for by this paragraph. (6) A revocation or suspension of a license provided for under subsection (b) or (d) of this Code section shall operate as a revocation or suspension of a distributor's license under this subsection for the term of such revocation or suspension. (d) (1) The initial license fee for a distributor selling consumer fireworks from a store shall be $1,500.00 in addition to $250.00 per store location, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, such initial license shall be issued by the Safety Fire Commissioner; provided, however, that such distributor has been operating and open to the public no less than 30 days prior to July 4 or December 31 in the year of an application for an initial license that is filed within 30 days of July 4 or December 31; and provided, further, that a distributor holding an initial license may add additional store locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 in addition to $100.00 per store location, payable to the Safety Fire Commissioner; provided, however, that a distributor holding an annual license may add additional store locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, such annual license shall be issued by the Safety Fire Commissioner. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall apply for an annual license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year. (2) An application submitted under this subsection shall identify each store location to which an initial or annual license is applicable; there shall not be a requirement for a separate application for each of the several store locations. The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 30 days of the submission of an application for any initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the store from which consumer fireworks will be sold. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection. (e) (1) Every licensed distributor selling consumer fireworks pursuant to this Code section shall have within the retail display area for consumer fireworks at least one sign providing the following information: (A) "PLEASE CHECK YOUR LOCAL ORDINANCES PRIOR TO USING OR IGNITING CONSUMER FIREWORKS"; (B) "PLEASE USE CONSUMER FIREWORKS IN ACCORDANCE WITH THEIR AFFIXED CAUTION AND WARNING LABELS"; and (C) "PLEASE BE A GOOD NEIGHBOR AND BE MINDFUL THAT UNANNOUNCED IGNITION NEAR SOME MILITARY VETERANS AND OTHER PERSONS AND NEAR SOME PETS CAN BE TRAUMATIC". (2) Such signs shall be at least 22 inches by 28 inches in size, be printed in at least 40 point boldface type in a color contrasting from such sign's background color, and kept free from obstruction and in plain sight of customers.

Legislative History

Amended by 2018 Ga. Laws 312,§ 2, eff. 7/1/2018. Amended by 2016 Ga. Laws 330,§ 9, eff. 4/26/2016. Added by 2015 Ga. Laws 50,§ 4, eff. 7/1/2015.