§ 156-H — Registration and fees for manufacturers, distributors, wholesalers, and retailers of sparkling devices

§ 156-h. Registration and fees for manufacturers, distributors,\nwholesalers, and retailers of sparkling devices. 1. Definitions. As used\nin this section, the term:\n (a) "Distributor" means any person or entity engaged in the business\nof selling sparkling devices to wholesalers, specialty retailers,\npermanent retailers or temporary seasonal retailers for resale.\n (b) "Manufacturer" means any person or entity engaged in the\nmanufacture or construction of sparkling devices.\n (c) "Specialty retailer" means any person or entity who, at a fixed\nplace of business, is engaged solely in selling sparkling devices at\nretail. For purposes of this section, a person or entity is engaged\nsolely in selling sparkling devices if fifty-one percent or more of such\nperson's or entity's annual gross sales are from the sale of sparkling\ndevices.\n (d) "Permanent retailer" means any person or entity who, at a fixed\nplace of business, is engaged in selling sparkling devices at retail.\n (e) "Sparkling devices" means any item defined in subparagraph (vi) of\nparagraph (a) of subdivision one of section 270.00 of the penal law.\n (f) "Temporary seasonal retailer" means any person or entity who, at a\ntemporary stand or tent, is engaged in selling sparkling devices from\nJune twentieth through July fifth or from December tenth through January\nsecond of each year at retail.\n (g) "Wholesaler" means any person or entity engaged in the business of\nselling sparkling devices to specialty retailers, permanent retailers or\ntemporary seasonal retailers at wholesale.\n 2. Registration requirements. Any manufacturer, distributor,\nwholesaler, specialty retailer, permanent retailer or temporary seasonal\nretailer of sparkling devices who wishes to do business in this state or\nto otherwise sell, ship, or assign for sale its products in this state\nmust register annually with the office of fire prevention and control on\nforms prescribed by such office. Any specialty retailer, permanent\nretailer or temporary seasonal retailer that sells sparkling devices at\nmore than one retail location may submit one registration form for all\nsuch locations but must provide the address of each location with the\nregistration form; however, any retailer may submit multiple\nregistration forms.\n 3. Registration form. The registration form filed with the office of\nfire prevention and control must be notarized and must include the\nfollowing information: business name; address; telephone number;\nofficers, if the business is a corporation; and an individual designated\nas a contact person.\n 4. Fees. (a) Each manufacturer, distributor or wholesaler must pay an\nannual registration fee to be set by the office of fire prevention and\ncontrol not to exceed five thousand dollars. Each specialty retailer\nmust pay an annual registration fee to be set by such office not to\nexceed two thousand five hundred dollars. Each permanent retailer shall\npay an annual registration fee to be set by such office not to exceed\ntwo hundred dollars for each retail location registered. Each temporary\nseasonal retailer must pay a registration fee to be set by such office\nnot to exceed two hundred fifty dollars per season. Each\ncertificate-holder wishing to have a duplicate certificate issued for\none which is lost or to reflect a change of address shall request such\nduplicate in writing and shall pay a fee of five dollars.\n (b) Revenue from registration fee payments shall be used for the\npurposes of implementing firefighter safety and training programs as\nwell as registration and testing provisions of this chapter.\n (c) No city, municipality or other local jurisdiction shall charge any\nfee or require any permit whatsoever for the sale and use of sparkling\ndevices.\n 5. Record and reports. Each manufacturer, distributor and wholesaler\nshall maintain and make available to the state fire administrator, upon\nthe state fire administrator's reasonable request, full and complete,\ntrue, and accurate records showing the name and quantity of any\nsparkling device produced in, imported to, exported from, or sold in\nthis state.\n 6. Rules. The state fire administrator shall promulgate rules\nprescribing registration forms required by this section.\n