To repeal sections 320.106, 320.116, 320.121, 320.126, 320.131, 320.141 and 320.151, RSMo 1994, and section 320.111, RSMo Supp. 1995, relating to the regulation of fireworks and to enact in lieu thereof nine new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 320.106, 320.116, 320.121, 320.126, 320.131, 320.141 and 320.151, RSMo 1994, and section 320.111, RSMo Supp. 1995, are repealed and nine new sections enacted in lieu thereof to be known as sections 320.106, 320.111, 320.112, 320.116, 320.121, 320.126, 320.131, 320.141 and 320.151, to read as follows:

320.106. As used in sections 320.106 to 320.161, unless clearly indicated otherwise, the following terms mean:

(1) "Distributor", any person engaged in the business of selling fireworks to wholesalers, jobbers, seasonal retailers, other persons, or governmental bodies that possess the necessary permits as specified in sections 320.106 to 320.161, including any person that imports any fireworks of any kind in any manner into the state of Missouri;

(2) "Common fireworks", explosive devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes aerial devices containing no more than two grains (130 mg) of explosive composition or ground devices containing no more than 50 mg of explosive composition, all of which are classified as class C explosives by regulation of the United States Department of Transportation;

(3) "Fireworks season", the period beginning on the twentieth day of June and continuing through the tenth day of July of the same year and the period beginning on the twentieth day of December and continuing through the second day of January of the next year, which shall be the only periods of time that seasonal retailers may be permitted to sell fireworks;

(4) "Jobber", any person engaged in the business of making sales of fireworks at wholesale or retail, within the state of Missouri to nonlicensed buyers for use and distribution outside the state of Missouri during a calendar year from the first day of January through the thirty-first day of December;

(5) "Manufacturer", any person engaged in the making, manufacture, assembly or construction of fireworks of any kind within the state of Missouri;

(6) "Permanent structure", buildings and structures other than tents, mobile homes, and trailers;

(7) ["Permit", the written authority of the state fire marshal issued under the authority of sections 320.106 to 320.161 to sell fireworks;

(8)] "Person", any corporation, association, partnership or individual or group thereof;

[(9)] (8) "Sale", an exchange of articles of fireworks for money, including barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as a principal proprietor, salesman, agent, association, copartnership or one or more individuals;

(9) "Sales permit", the written authority of the state fire marshal issued under the authority of sections 320.106 to 320.161 to sell, make, manufacture, assemble or construct fireworks;

(10) "Seasonal retailer", any person within the state of Missouri engaged in the business of making sales of fireworks in Missouri during a fireworks season as defined by subdivision (3) of this section;

(11) "Special fireworks", explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes devices containing more than two grains (130 mg) of explosive composition intended for public display. These devices are classified as class B explosives by regulation of the United States Department of Transportation;

(12) "Special permit", the joint written authority of the state fire marshal and the local fire service authorities issued by the local fire service authorities under the authority of sections 320.106 to 320.161 for a public display of special fireworks;

(13) "Use permit", the joint written authority of a city or county governing body and the state fire marshal issued for the possession and use of common fireworks;

[(12)] (14) "Wholesaler", any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales of fireworks at retail within the state of Missouri.

320.111. 1. It is unlawful for any person to manufacture, sell, offer for sale, ship or cause to be shipped into the state of Missouri except as herein provided, any item of fireworks, without first having secured the required applicable sales permit as a manufacturer, distributor, wholesaler, jobber or seasonal retailer from the state fire marshal. 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 sales permits for the sale, making, manufacturing or assembly of fireworks. The state fire marshal and the local fire service authorities of the community where the display is proposed to be held have joint authority and the local fire service authorities are authorized and directed to issue special permits for the public display of special fireworks. No sales permit or special permit shall be issued to a person under the age of eighteen years. All sales 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. Sales permits issued must be displayed in the sales permit holder's place of business. No sales permit or special permit provided for herein shall be transferable nor shall a person operate under a sales permit or special permit issued to another person or under a sales permit or special permit issued for another location. Manufacturer and distributor sales permit holders operating out of multiple locations shall obtain a sales permit for each location.

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

(1) Manufacturer, a fee of seven hundred fifty dollars per year;

(2) Distributor, a fee of seven hundred fifty dollars per year;

(3) Wholesaler, a fee of two hundred fifty dollars per year;

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

(5) Seasonal retailer, a fee of [twenty-five] thirty-five dollars per year per sales location[;

(6) Special fireworks (displays), a fee of twenty-five dollars per year per location].

5. The state fire marshal in conjunction with the local fire service authorities for the community in which a display is proposed to be held are authorized and directed to charge a fee of thirty-five dollars per year per location for each special permit. One-half of all fees collected for special permits by local fire service authorities shall be forwarded to the state fire marshal and paid and deposited in accordance with the provisions of subsection 9 of this section. The other one-half of the fees collected shall be retained by the local fire service authorities to offset the cost of the permit process.

[5.] 6. A holder of a manufacturer's sales permit shall not be required to have any additional permits in order to sell to distributors, wholesalers, jobbers or seasonal retailers, or to sell special fireworks.

[6.] 7. A holder of a distributor's sales permit shall not be required to have any additional permits in order to sell to wholesalers, jobbers, seasonal retailers or to sell special fireworks.

[7.] 8. A holder of a jobber's sales permit shall not be required to have any additional permit in order to sell fireworks at retail during the fireworks season.

[8.] 9. All fees collected for sales permits and special permits issued pursuant to this section shall be paid to the Missouri department of revenue and deposited in the general revenue fund. Any person engaged in more than one sales permit classification shall pay one sales permit fee based upon the sales permit classification yielding the highest amount of revenue.

[9.] 10. 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, RSMo. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

[10.] 11. The state fire marshal, upon notification by the department of revenue, may withhold sales 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.

[11.] 12. A holder of a jobber's permit shall be required to operate out of a permanent structure in compliance with all applicable building regulations in the city or county in which said person is selling fireworks.

[12.] 13. It is unlawful for any manufacturer, distributor, wholesaler, or jobber to sell fireworks to a seasonal retailer who has not acquired an appropriate sales permit from the state fire marshal.

[13.] 14. The state fire marshal and his deputies may conduct inspections of any premises and all portions of buildings where fireworks are stored or being offered for sale. Licensees shall cooperate fully with the state fire marshal and his deputies during any such inspection.

320.112. 1. It is unlawful for any person to possess or use common fireworks, except as provided in this act, without first having secured a use permit from the governing body of the applicable city or county.

2. The governing body of each city and county has the authority and is authorized to issue use permits for their jurisdiction. The state fire marshal shall have joint authority with each city and county governing body and a copy of all use permits issued by any city or county governing body shall be forwarded to the state fire marshal's office within thirty days of the issuing of the permit. No use permit shall be issued to a person under the age of eighteen years.

3. The governing body of each city and county is authorized to charge a reasonable fee to offset the costs of this permit process pursuant to subsection 3 of section 320.121.

4. The state fire marshal or governing body may revoke any use permit issued under the authority of sections 320.106 to 320.161 upon evidence that the holder has violated any of the provisions of said sections. If a city or county governing body revokes a use permit, that governing body shall notify the state fire marshal in writing within ten days of the revocation, stating the reason for such action.

320.116. 1. The state fire marshal may revoke any sales permit or special permit issued under the provisions of sections 320.106 to 320.161 upon evidence that the holder has violated any of the provisions of sections 320.106 to 320.161.

2. The state fire marshal, in his discretion, may refuse to issue a sales permit or special permit, for a period not to exceed three years, to a person whose sales permit or special permit has been revoked as the result of a conviction for the possession or sale of illegal fireworks, as referred to in section 320.136.

3. The state fire marshal, his deputies, or any authorized [police or] peace officer shall seize as contraband any illegal fireworks [as defined under the terms of sections 320.106 to 320.161]. Such illegal fireworks seized in the enforcement of sections 320.106 to 320.161 shall be held in custody of the state fire marshal in proper storage facilities. The person surrendering the fireworks may bring an in rem proceeding in the circuit court of the county where the fireworks were seized. Upon hearing, the circuit court may authorize the return of all or part of the confiscated fireworks or the court may authorize and direct that such contraband fireworks be destroyed. If a proceeding is not brought within thirty days, the fireworks shall be destroyed by the state fire marshal. The state fire marshall shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of the provisions of sections 320.106 to 320.161.

4. Any person aggrieved by any official action of the state fire marshal affecting their licensed status including revocation, suspension, failure to renew a license, or refusal to grant a license may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, RSMo.

5. For the purpose of this act, any person aggrieved by any official action of a city or county governing body, or with the local fire service authorities, affecting their permit status, including revocation, suspension, failure to renew a permit or refusal to grant a permit may seek a determination with the state fire marshal by requesting such a determination in writing, and the state fire marshal shall make a determination of such person's permit status within thirty days after receiving the written request.

6. Any person aggrieved by any official action of the state fire marshal, including revocation, suspension, failure to renew a permit or refusal to grant a permit, or by receiving a determination against that person pursuant to subsection 5 of this section, may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, RSMo.

320.121. 1. The provisions of sections 320.106 to 320.161 shall not be construed to abrogate or in any way affect the powers of the following political subdivisions to further regulate or prohibit fireworks within its corporate limits:

(1) Any city in this state; or

(2) Any county operating under a charter form of government.

2. It is unlawful for any manufacturer, distributor, wholesaler, jobber or seasonal retailer to sell or ship by common carrier fireworks to consumers within the corporate limits of the following political subdivisions which prohibit the sale or possession of fireworks:

(1) Any city in this state; or

(2) Any county operating under a charter form of government.

3. Use permits for public or private displays for common fireworks may be granted to fair associations, amusement parks, organizations, firms, corporations, groups or individuals. Such permits may be granted upon application and approval by the governing body of the city or county. An application for a use permit shall be made on forms provided by the director of the department of public safety. Before deciding whether to grant a use permit, the city or county governing body, may, in its discretion, require an inspection by the chief of the fire department to determine if the location, discharge or firing of the fireworks may be hazardous to any person or property. After a use permit has been granted, the sale, possession and use of fireworks for such display shall be lawful for that purpose only. A copy of all use permits issued for common fireworks shall be forwarded to the state fire marshal. A use permit granted pursuant to this section shall not be transferable, nor shall a use permit be issued to a person under the age of eighteen years. The permit shall be valid for a period not to exceed ninety days. The city or county governing body may charge the applicant a reasonable, nonrefundable fee to offset costs of this permit process.

4. A use permit is not required for devices specified in subsection 6 of section 320.131.

320.126. 1. Any person possessing or transporting special fireworks into the state of Missouri for the purpose of resale or to conduct a special firework display shall be licensed by the state fire marshal as a distributor.

2. Possession and sale of special fireworks shall be limited to a holder of a federal license or permit issued for special fireworks displays.

3. Possession of special fireworks for resale to holders of a permit for public display shall be confined to holders of a state manufacturer or distributor permit.

4. Special permits for public displays for special fireworks may be granted to municipalities, fair associations, amusement parks, organizations, firms or corporations. Such permits may be granted upon application and approval by the state fire marshal or local fire service authorities of the community where the display is proposed to be held. Every such display shall be located, discharged, or fired so as in the opinion of the chief of the fire department, after proper inspection, to not be hazardous to any person or property. After a special permit has been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. A copy of all special permits issued by local fire service authorities for special fireworks displays shall be forwarded to the state fire marshal's office. No special permit granted hereunder shall be transferable.

5. Before any permit for a pyrotechnic display shall be issued, the municipality, fair association, amusement park, organization, firm, or corporation making application therefor shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof.

320.131. 1. It is unlawful for any person to possess, sell or use within the state of Missouri, or ship into the state of Missouri, except as provided in section 320.126, any pyrotechnics commonly known as "fireworks" other than items now or hereafter classified as "class C common fireworks" by the United States Department of Transportation or those items that comply with the construction, chemical composition, labeling and other regulations relative to fireworks regulation promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public under their regulations. Except as provided in subsection 4 of section 320.121 and subsection 6 of this section, it is unlawful for any person to possess or use common fireworks within the state of Missouri without a use permit.

2. No retailer, dealer, or any other person shall sell, offer for sale, store, display, or have in their possession any fireworks that have not been approved and labeled as class C fireworks by the Interstate Commerce Commission.

3. No jobber, wholesaler, manufacturer, or distributor shall sell to seasonal retailer dealers, or any other person, in this state for the purpose of resale, or use, in this state, any fireworks which do not have the ICC class C label printed on the fireworks or on the smallest package in which they are sold.

4. The ICC class C label must be visible on the fireworks or smallest container in which they are sold. The label shall be on the fireworks, or package, or both, that is received by the general public from the dealer.

5. This section does not prohibit a manufacturer, distributor or any other person from storing, selling, shipping or otherwise transporting class B fireworks provided they possess the proper licensing as specified by state and federal law.

6. Matches, toy pistols, toy canes, toy guns, party poppers, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound, provided that they are so constructed that the hand cannot come into contact with the cap when in place for use, [and] toy pistol paper caps which contain less than twenty-five hundredths grains of explosive mixture, including sparklers containing not more than one hundred twenty-five thousandths pounds of burning portion per sparkler, flitter sparklers in paper tubes not exceeding one-eighth inch in diameter, cone fountains and cylinder fountains, toy snakes not containing mercury and toy smoke devices, shall be permitted for sale and use at all times and shall not be regulated by the provisions of sections 320.106 to 320.161.

320.141. Permissible items of fireworks defined in section 320.131 may be sold at wholesale or retail by holders of a jobber's permit to nonlicensed buyers from outside the state of Missouri during a calendar year from the first day of January until the thirty-first day of December. Permissible items of fireworks defined in section 320.131 may be sold at retail by holders of a seasonal retail sales permit to holders of a use permit during the selling periods of the twentieth day of June through the tenth day of July and the twentieth day of December through the second day of January.

320.151. 1. It is unlawful to attempt to sell or to sell at retail any fireworks to [children] persons under the age of [fourteen] eighteen years [except when such child is in the presence of a parent or guardian].

2. It is unlawful for any person under the age of [sixteen] eighteen to sell fireworks or work in a facility where fireworks are stored, sold, or offered for sale [unless supervised by an adult].

3. It is unlawful to explode or ignite fireworks within six hundred feet of any church, hospital, [asylum] mental institution, or public school, or within one hundred feet of the place where fireworks are stored, sold, or offered for sale.

4. No person shall ignite or discharge any [permissible] articles of fireworks within or throw the same from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people.

5. Nothing in sections 320.106 to 320.161 shall be construed to prevent sales permittees from demonstrating or testing fireworks. Any such demonstration or test shall require the notification and approval of the local fire service.