S04718 Summary:
BILL NO | S04718A |
  | |
SAME AS | SAME AS A06695-A |
  | |
SPONSOR | NOZZOLIO |
  | |
COSPNSR | |
  | |
MLTSPNSR | |
  | |
Rpld & add S270.00 subs 1 - 3, amd S405.00, Pen L; amd S156, add S156-h, Exec L; add S392-j, Gen Bus L | |
  | |
Relates to offenses relating to possession or sale of fireworks and sparkling devices. |
S04718 Actions:
BILL NO | S04718A | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/19/2013 | REFERRED TO CODES | |||||||||||||||||||||||||||||||||||||||||||||||||
05/08/2013 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2013 | AMEND AND RECOMMIT TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2013 | PRINT NUMBER 4718A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2013 | COMMITTEE DISCHARGED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2013 | ORDERED TO THIRD READING CAL.1385 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2013 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2013 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2013 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | substituted for a6695a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | ordered to third reading rules cal.694 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/06/2013 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/18/2013 | VETOED MEMO.281 |
S04718 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Goodell
Yes
Lupardo
Yes
Paulin
ER
Simanowitz
Yes
Abinanti
Yes
Crouch
Yes
Gottfried
Yes
Lupinacci
ER
Peoples-Stokes
Yes
Simotas
ER
Arroyo
Yes
Curran
Yes
Graf
Yes
Magee
Yes
Perry
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Gunther
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Maisel
Yes
Quart
Yes
Solages
Yes
Barrett
ER
DenDekker
Yes
Heastie
Yes
Malliotakis
Yes
Ra
Yes
Stec
Yes
Barron
Yes
Dinowitz
Yes
Hennessey
ER
Markey
Yes
Rabbitt
Yes
Steck
Yes
Benedetto
Yes
DiPietro
Yes
Hevesi
Yes
Mayer
Yes
Raia
AB
Stevenson
Yes
Blankenbush
Yes
Duprey
ER
Hikind
Yes
McDonald
Yes
Ramos
ER
Stirpe
Yes
Borelli
Yes
Englebright
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Sweeney
AB
Boyland
Yes
Espinal
Yes
Jacobs
Yes
McKevitt
Yes
Rivera
Yes
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
No
McLaughlin
Yes
Roberts
Yes
Tenney
Yes
Brennan
Yes
Farrell
Yes
Johns
Yes
Miller
ER
Robinson
Yes
Thiele
Yes
Brindisi
Yes
Finch
ER
Jordan
Yes
Millman
Yes
Rodriguez
Yes
Titone
Yes
Bronson
Yes
Fitzpatrick
Yes
Katz
ER
Montesano
ER
Rosa
Yes
Titus
Yes
Brook-Krasny
Yes
Friend
Yes
Kavanagh
Yes
Morelle
Yes
Rosenthal
ER
Walter
Yes
Buchwald
Yes
Gabryszak
Yes
Kearns
Yes
Mosley
ER
Rozic
No
Weinstein
No
Butler
Yes
Galef
Yes
Kellner
Yes
Moya
Yes
Russell
Yes
Weisenberg
Yes
Cahill
Yes
Gantt
Yes
Kim
Yes
Nojay
Yes
Ryan
ER
Weprin
Yes
Camara
Yes
Garbarino
Yes
Kolb
Yes
Nolan
Yes
Saladino
Yes
Wright
Yes
Ceretto
Yes
Gibson
Yes
Lalor
Yes
Oaks
Yes
Santabarbara
Yes
Zebrowski
Yes
Clark
Yes
Giglio
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Mr. Speaker
Yes
Colton
ER
Gjonaj
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Cook
No
Glick
Yes
Lifton
Yes
Otis
No
Schimminger
Yes
Corwin
ER
Goldfeder
Yes
Lopez
Yes
Palmesano
ER
Sepulveda
‡ Indicates voting via videoconference
S04718 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4718--A 2013-2014 Regular Sessions IN SENATE April 19, 2013 ___________ Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, the executive law, and the general busi- ness law, in relation to offenses relating to possession or sale of fireworks and sparkling devices; and to repeal certain provisions of the penal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2, and 3 of section 270.00 of the penal law 2 are REPEALED and three new subdivisions 1, 2, and 3 are added to read as 3 follows: 4 1. Definition of "fireworks" and "dangerous fireworks". 5 (a) The term "fireworks," as used in this section, includes: 6 (i) display fireworks, which means fireworks devices in a finished 7 state, exclusive of mere ornamentation, primarily intended for commer- 8 cial displays which are designed to produce visible and/or audible 9 effects by combustion, deflagration or detonation, including, but not 10 limited to, salutes containing more than 130 mg (2 grains) of explosive 11 composition, aerial shells containing more than 40g of chemical composi- 12 tion exclusive of lift charge, and other exhibition display items that 13 exceed the limits of consumer fireworks contained in the American Pyro- 14 technic Association (APA) Standard 87-1, 2001 edition; 15 (ii) articles pyrotechnic, which means pyrotechnic devices for profes- 16 sional use similar to consumer fireworks in chemical composition and 17 construction but not intended for consumer use and which articles meet 18 the weight limits for consumer fireworks but are not labeled as such and 19 are classified by the United States department of transportation in 49 20 CFR 172.101 as UN0431; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09141-03-3S. 4718--A 2 1 (iii) special effects, which means any combination of chemical 2 elements or chemical compounds capable of burning independently of the 3 oxygen of the atmosphere, and designed and intended to produce an audi- 4 ble, visual, mechanical, or thermal effect as an integral part of a 5 motion picture, radio, television, theatrical, or opera production, or 6 live entertainment; 7 (iv) consumer fireworks which are aerial in performance and are 8 commonly referred to as sky rockets, bottle rockets, missile type rock- 9 ets, helicopters, aerial spinners, roman candles, mines, shell devices, 10 aerial shell kits, reloadables and audible ground devices which are 11 commonly referred to as firecrackers and chasers, as well as metal wire 12 handheld sparklers; and 13 (v) in cities with a population of one million or more, the term 14 "fireworks" shall also include any blank cartridge, blank cartridge 15 pistol, or toy cannon in which explosives are used, firecrackers, spark- 16 lers or other combustible or explosive of like construction, or any 17 preparation containing any explosive or inflammable compound or any 18 tablets or other device commonly used and sold as fireworks containing 19 nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, 20 arsenic, mercury, nitroglycerine, phosphorus or any compound containing 21 any of the same or other explosives, or any substance or combination of 22 substances, or article prepared for the purpose of producing a visible 23 or an audible effect by combustion, explosion, deflagration or detona- 24 tion, or other device containing any explosive substance. 25 (b) The term "dangerous fireworks" means any fireworks capable of 26 causing serious physical injury and which are: firecrackers containing 27 more than fifty milligrams of any explosive substance, torpedoes, 28 skyrockets and rockets including all devices which employ any combusti- 29 ble or explosive substance and which rise in the air during discharge, 30 Roman candles, and bombs, provided, however, that in cities with a popu- 31 lation of one million or more, the term "dangerous fireworks" shall also 32 include sparklers more than ten inches in length or one-fourth of one 33 inch in diameter, or chasers including all devices which dart or travel 34 about the surface of the ground during discharge. 35 (c) "Fireworks" and "dangerous fireworks" shall not be deemed to 36 include the following nor shall the purchase and use of any items listed 37 below be subject to the provisions of section 61 of title 12 of the New 38 York state codes, rules and regulations or section four hundred eighty, 39 four hundred eighty-one, four hundred eighty-two or four hundred eight- 40 y-three of the general business law; 41 (i) flares of the type used by railroads or any warning lights common- 42 ly known as red flares, or marine distress signals of a type approved by 43 the United States coast guard, or 44 (ii) toy pistols, toy canes, toy guns or other devices in which paper 45 caps containing twenty-five hundredths grains or less of explosive 46 compound are used, providing they are so constructed that the hand 47 cannot come in contact with the cap when in place for use, and toy 48 pistol paper caps which contain less than twenty-hundredths grains of 49 explosive mixture, the sale and use of which shall be permitted at all 50 times, or 51 (iii) bank security devices which contain not more than fifty grams of 52 any compound or substance or any combination thereof, together with an 53 igniter not exceeding 0.2 gram, capable of producing a lachrymating 54 and/or visible or audible effect, where such device is stored or used 55 only by banks, national banking associations, trust companies, savings 56 banks, savings and loan associations, industrial banks, or creditS. 4718--A 3 1 unions, or by any manufacturer, wholesaler, dealer, jobber or common 2 carrier for such devices and where the total storage on any one premises 3 does not exceed one hundred devices. 4 (c-1) Except in cities with a population of one million of more, 5 "fireworks" and "dangerous fireworks" shall not be deemed to include the 6 following, nor shall the purchase and use of any items listed below be 7 subject to the provisions of section 61 of title 12 of the New York 8 state codes, rules and regulations or section four hundred eighty, four 9 hundred eighty-one, four hundred eighty-two or four hundred eighty-three 10 of the general business law: 11 (i) sparkling devices which are ground-based or hand-held devices that 12 produce a shower of white, gold, or colored sparks as their primary 13 pyrotechnic effect. Additional effects may include a colored flame, an 14 audible crackling effect, an audible whistle effect, and smoke. These 15 devices do not rise into the air, do not fire inserts or projectiles 16 into the air, and do not explode or produce a report (an audible crack- 17 ling-type effect is not considered to be a report). Ground-based or 18 hand-held devices that produce a cloud of smoke as their sole pyrotech- 19 nic effect are also included in this category. Types of devices in this 20 category include: 21 (A) cylindrical fountain: cylindrical tube containing not more than 75 22 g of pyrotechnic composition that may be contained in a different shaped 23 exterior such as a square, rectangle, cylinder or other shape but the 24 interior tubes are cylindrical in shape. Upon ignition, a shower of 25 colored sparks, and sometimes a whistling effect or smoke, is produced. 26 This device may be provided with a spike for insertion into the ground 27 (spike fountain), a wood or plastic base for placing on the ground (base 28 fountain), or a wood or cardboard handle to be hand held (handle foun- 29 tain). When more than one tube is mounted on a common base, total pyro- 30 technic composition may not exceed 200 g, and when tubes are securely 31 attached to a base and the tubes are separated from each other on the 32 base by a distance of at least half an inch (12.7 millimeters), a maxi- 33 mum total weight of 500 g of pyrotechnic composition shall be allowed. 34 (B) cone fountain: cardboard or heavy paper cone containing not more 35 than 50 g of pyrotechnic composition. The effect is the same as that of 36 a cylindrical fountain. When more than one cone is mounted on a common 37 base, total pyrotechnic composition may not exceed 200 g, as is outlined 38 in this subparagraph. 39 (C) illuminating torch: cylindrical tube containing not more than 100 40 g of pyrotechnic composition that produces a colored flame upon ignition 41 and may have a spike, base, or hand held fountain. When more than one 42 tube is mounted on a common base, total pyrotechnic composition may not 43 exceed 200 g, as is outlined in this subparagraph. 44 (D) wheel: pyrotechnic device intended to be attached to a post or 45 tree by means of a nail or string which may have one or more drivers, 46 each of which may contain not more than 60 g of pyrotechnic composition. 47 No wheel may contain more than 200 g of total pyrotechnic composition. 48 Upon ignition, the wheel revolves, producing a shower of color and 49 sparks and, sometimes, a whistling effect. 50 (E) ground spinner: small device containing not more than 20 g of 51 pyrotechnic composition, venting out an orifice usually on the side of 52 the tube and is similar in operation to a wheel but intended to be 53 placed flat on the ground and ignited. A shower of sparks and color is 54 produced by the rapidly spinning device. 55 (F) flitter sparkler: narrow paper tube attached to a stick or wire 56 and filled with not more than 5 g of pyrotechnic composition thatS. 4718--A 4 1 produces color and sparks upon ignition. The paper at one end of the 2 tube is ignited to make the device function. 3 (G) toy smoke device: small plastic or paper item containing not more 4 than 100 g of pyrotechnic composition that, upon ignition, produces 5 white or colored smoke as the primary effect. Toy smoke devices, when 6 complying with the provisions of this section, are classed as fireworks, 7 1.4G unless classed as 1.4S or not regulated as an explosive on the 8 basis of examination and testing as specified in Title 49 CFR, § 173.56. 9 (H) wooden sparkler/dipped stick: these devices consist of a wood 10 dowel that has been coated with pyrotechnic composition. Upon ignition 11 of the tip of the device, a shower of sparks is produced. Sparklers may 12 contain up to 100 g of pyrotechnic composition per item. 13 (I) multiple tube devices containing more than one cardboard tube: the 14 ignition of one external fuse causes all of the tubes to function in 15 sequence. The tubes are either individually attached to a wood or plas- 16 tic base, or are dense-packed and are held together by glue, wire, 17 string, or other means that securely holds the tubes together during 18 operation. The weight of chemical composition per tube is limited to the 19 weight limit for the specific type of device in the tube. The connecting 20 fuses on multiple tube devices must be fused in sequence so that the 21 tubes fire sequentially rather than all at once. When the tubes are 22 securely attached to a wood or plastic base, and the tubes are separated 23 from each other on the base by a distance of at least half an inch (12.7 24 millimeters), a maximum total weight of 500 g of pyrotechnic composition 25 shall be permitted for approval as 1.4G, or 26 (ii) novelties which do not require approval from USDOT and are not 27 regulated as explosives, provided that they are manufactured and pack- 28 aged as described below: 29 (A) party popper: small devices with paper or plastic exteriors that 30 are actuated by means of friction (a string or trigger is typically 31 pulled to actuate the device). They frequently resemble champagne 32 bottles or toy pistols in shape. Upon activation, the device expels 33 flame-resistant paper streamers, confetti, or other novelties and 34 produces a small report. Devices may contain not more than 16 mg (0.25 35 grains) of explosive composition, which is limited to potassium chlorate 36 and red phosphorus. These devices must be packaged in an inner packag- 37 ing which contains a maximum of seventy-two devices. 38 (B) snapper: small, paper-wrapped devices containing not more than one 39 milligram of silver fulminate coated on small bits of sand or gravel. 40 When dropped, the device explodes, producing a small report. Snappers 41 must be in inner packages not to exceed fifty devices each, and the 42 inner packages must contain sawdust or a similar, impact-absorbing mate- 43 rial. 44 (C) toy smoke devices: small devices consisting of cork-like spheres, 45 or cardboard or plastic tubes, containing not more than 5 g of pyrotech- 46 nic composition that produces a small cloud of smoke after activation. 47 The devices are typically ignited by means of safety fuse. The outer 48 configuration is usually a sphere (smoke ball), cylindrical tube, or 49 paper cone. The chemical composition for white smoke consists of potas- 50 sium nitrate and sulfur, while colored smokes are produced by mixtures 51 consisting of potassium chlorate, sulfur or sugar, and a sublimable 52 organic dye. Mixtures containing potassium chlorate must also contain a 53 neutralizer/coolant such as sodium bicarbonate. To be eligible for 54 unregulated status, these devices must produce smoke as their sole pyro- 55 technic effect following ignition, and must be packaged in inner units 56 containing a maximum of seventy-two devices.S. 4718--A 5 1 (D) snakes, glow worm: pressed pellets of pyrotechnic composition that 2 contain 2 g or less of composition per article. Upon burning, they 3 produce a snake-like ash that expands in length as the pellet burns. 4 Chemical compositions vary, but typically contain ammonium perchlorate, 5 nitrate pitch, asphaltum, and similar carbonaceous materials. These 6 devices are limited to a maximum of twenty-five pellets per inner pack- 7 age in order to be transported as not regulated devices. 8 (E) wooden sparkler/dipped sticks: these devices consist of a wood 9 dowel that has been coated with pyrotechnic composition. Upon ignition 10 of the tip of the device, a shower of sparks is produced. Sparklers may 11 contain up to 100 g of composition per item. Sparklers typically use 12 barium nitrate as the oxidizer, with aluminum and dextrine as fuels. 13 Iron filings produce the spark effect. Color-producing sparklers use 14 potassium perchlorate oxidizer. Any sparkler containing a chlorate or 15 perchlorate as an oxidizer is limited to a maximum of 5 g of composition 16 per article. Sparklers must be packaged in inner packaging that contain 17 eight devices or less to be transported as not regulated devices, or 18 (iii) toy plastic or paper caps for toy pistols in sheets, strips, 19 rolls, or individual caps, containing not more than an average of 0.25 20 grains (16 mg) of explosive composition per cap. Toy caps are described 21 as Toy Caps NA0037 and classed as 1.4S. Toy caps shall only be approved 22 for transportation using the procedure specified in Title 49 CFR, § 23 173.56(b). 24 2. Offense. (a) Except as herein otherwise provided, or except where a 25 permit is obtained pursuant to section 405.00 of this chapter; (i) any 26 person who shall offer or expose for sale, sell or furnish, any fire- 27 works or dangerous fireworks is guilty of a class B misdemeanor; 28 (ii) any person who shall offer or expose for sale, sell or furnish 29 any fireworks or dangerous fireworks valued at five hundred dollars or 30 more shall be guilty of a class A misdemeanor; 31 (iii) any person who shall possess, use, explode or cause to explode 32 any fireworks or dangerous fireworks is guilty of a violation; 33 (iv) any person who shall offer or expose for sale, sell or furnish, 34 any dangerous fireworks, fireworks or devices as defined in paragraph 35 (c-1) of subdivision one of this section to any person who is under the 36 age of eighteen is guilty of a class A misdemeanor. 37 (b) A person who has previously been convicted of a violation of 38 subparagraph (iv) of paragraph (a) of this subdivision within the 39 preceding five years and who shall offer or expose for sale, sell or 40 furnish, any dangerous fireworks to any person who is under the age of 41 eighteen, shall be guilty of a class E felony. 42 (c) Possession of fireworks or dangerous fireworks valued at one 43 hundred fifty dollars or more shall be a presumption that such fireworks 44 were intended to be offered or exposed for sale. 45 3. Exceptions. (a) The provisions of this section shall not apply to: 46 (i) fireworks, dangerous fireworks, and devices defined in paragraph 47 (c-1) of subdivision one of this section while in possession of rail- 48 roads, common or contract carriers, retailers, wholesalers, distribu- 49 tors, jobbers and transportation companies or transportation agencies 50 for the purpose of transportation to points without the state, the ship- 51 ment of which is not prohibited by interstate commerce commission regu- 52 lations as formulated and published from time to time, unless they be 53 held voluntarily by such railroads, common or contract carriers, retail- 54 ers, wholesalers, distributors, jobbers and transportation agencies or 55 transporting companies as warehousemen for delivery to points within the 56 state;S. 4718--A 6 1 (ii) signaling devices used by railroad companies or motor vehicles 2 referred to in subdivision seventeen of section three hundred seventy- 3 five of the vehicle and traffic law; 4 (iii) high explosives for blasting or similar purposes; 5 (iv) fireworks, dangerous fireworks and devices defined in paragraph 6 (c-1) of subdivision one of this section for the use thereof by the 7 United States military, and departments of the state and federal govern- 8 ment; 9 (v) the use, transportation and storage of fireworks, dangerous fire- 10 works and devices defined in paragraph (c-1) of subdivision one of this 11 section and special effects materials in connection with the production 12 of motion pictures, television programs, commercials, and all enter- 13 tainment media recorded in any current or to be designed format when 14 such use, transportation and storage has been appropriately permitted by 15 the local governmental subdivision having jurisdiction. 16 (b) Nothing in this article shall be construed to prohibit: 17 (i) any manufacturer, wholesaler, retailer, dealer or jobber from 18 manufacturing, possessing or selling at wholesale a device defined in 19 paragraph (c-1) of subdivision one of this section to municipalities, 20 religious or civic organizations, fair associations, amusement parks, or 21 other organizations authorized by the state to store, transport, possess 22 and use or to individuals to store, transport, possess and use; 23 (ii) the sale or use of blank cartridges for a motion picture, tele- 24 vision program, commercial and all entertainment media, or for signal 25 purposes in athletic sports, or for dog trials or dog training; 26 (iii) the use, storage, transportation or sale or transfer for use of 27 fireworks and devices defined in paragraph (c-1) of subdivision one of 28 this section in the preparation for or in connection with motion 29 pictures, television programs, commercials, and all entertainment media 30 recorded in any current or to be designed format when such use, trans- 31 portation and storage has been appropriately permitted by the local 32 governmental subdivision having jurisdiction; or 33 (iv) the manufacture or sale of devices defined in paragraph (c-1) of 34 subdivision one of this section provided they are to be shipped directly 35 out of such city and any such items are sold in accordance with the 36 provisions of this article. 37 § 2. Subdivision 5 of section 405.00 of the penal law is amended to 38 read as follows: 39 5. Local ordinances superseded. (a) All local ordinances regulating or 40 prohibiting the display of fireworks are hereby superseded by the 41 provisions of this section. Every city, town or village shall have the 42 power to enact ordinances or local laws regulating or prohibiting the 43 use, or the storage, transportation or sale for use of fireworks in the 44 preparation for or in connection with television broadcasts. 45 (b) Further, no city, municipality or other local jurisdiction shall 46 enact a local law that is inconsistent with the provisions of section 47 270.00 of this chapter nor to regulate devices defined in paragraph 48 (c-1) of subdivision one of section 270.00 of this chapter that is in 49 conflict with the provisions of NFPA 1124, 2006 edition or later. 50 § 3. Subdivision 19 of section 156 of the executive law, as renumbered 51 by chapter 615 of the laws of 2006, is renumbered subdivision 20 and a 52 new subdivision 19 is added to read as follows: 53 19. License the manufacturers, distributors, wholesalers, retailers 54 and seasonal retailers of sparkling devices who wish to do business 55 within the state.S. 4718--A 7 1 § 4. The executive law is amended by adding a new section 156-h to 2 read as follows: 3 § 156-h. Registration and fees for manufacturers, distributors, whole- 4 salers, and retailers of sparkling devices. 1. Definitions. As used in 5 this section, the term: 6 (a) "Distributor" means any person or entity engaged in the business 7 of selling sparkling devices to wholesalers, specialty retailers, perma- 8 nent retailers or temporary seasonal retailers for resale. 9 (b) "Manufacturer" means any person or entity engaged in the manufac- 10 ture or construction of sparkling devices. 11 (c) "Specialty retailer" means any person or entity who, at a fixed 12 place of business, is engaged solely in selling sparkling devices at 13 retail. For purposes of this section, a person or entity is engaged 14 solely in selling sparkling devices if fifty-one percent or more of such 15 person's or entity's annual gross sales are from the sale of sparkling 16 devices. 17 (d) "Permanent retailer" means any person or entity who, at a fixed 18 place of business, is engaged in selling sparkling devices at retail. 19 (e) "Sparkling devices" means any item defined in subparagraph (i) of 20 paragraph (c-1) of subdivision one of section 270.00 of the penal law. 21 (f) "Temporary seasonal retailer" means any person or entity who, at a 22 temporary stand or tent, is engaged in selling sparkling devices from 23 June twentieth through July fifth or from December tenth through January 24 second of each year at retail. 25 (g) "Wholesaler" means any person or entity engaged in the business of 26 selling sparkling devices to specialty retailers, permanent retailers or 27 temporary seasonal retailers at wholesale. 28 2. Registration requirements. Any manufacturer, distributor, whole- 29 saler, specialty retailer, permanent retailer or temporary seasonal 30 retailer of sparkling devices who wishes to do business in this state or 31 to otherwise sell, ship, or assign for sale its products in this state 32 must register annually with the office of fire prevention and control on 33 forms prescribed by the office. Any specialty retailer, permanent 34 retailer or temporary seasonal retailer that sells sparkling devices at 35 more than one retail location may submit one registration form for all 36 such locations but must provide the address of each location with the 37 registration form; however, any retailer may submit multiple registra- 38 tion forms. 39 3. Registration form. The registration form filed with the office must 40 be notarized and must include the following information: business name; 41 address; telephone number; officers, if the business is a corporation; 42 and an individual designated as a contact person. 43 4. Fees. (a) Each manufacturer, distributor or wholesaler must pay an 44 annual registration fee to be set by the office not to exceed five thou- 45 sand dollars. Each specialty retailer must pay an annual registration 46 fee to be set by the office not to exceed two thousand five hundred 47 dollars. Each permanent retailer shall pay an annual registration fee to 48 be set by the office not to exceed two hundred dollars for each retail 49 location registered. Each temporary seasonal retailer must pay a regis- 50 tration fee to be set by the office not to exceed two hundred fifty 51 dollars per season. Each certificate-holder wishing to have a duplicate 52 certificate issued for one which is lost or to reflect a change of 53 address shall request such duplicate in writing and shall pay a fee of 54 five dollars.S. 4718--A 8 1 (b) Revenue from registration fee payments shall be used for the 2 purposes of implementing firefighter safety and training programs as 3 well as registration and testing provisions of this chapter. 4 (c) No city, municipality or other local jurisdiction shall charge any 5 fee or require any permit whatsoever for the sale and use of sparkling 6 devices. 7 5. Record and reports. Each manufacturer, distributor and wholesaler 8 shall maintain and make available to the state fire administrator, upon 9 the state fire administrator's reasonable request, full and complete, 10 true, and accurate records showing the name and quantity of any sparkl- 11 ing device produced in, imported to, exported from, or sold in this 12 state. 13 6. Rules. The state fire administrator shall promulgate rules 14 prescribing registration forms required by this section. 15 § 5. The general business law is amended by adding a new section 392-j 16 to read as follows: 17 § 392-j. Sales of sparkling devices. Sales of sparkling devices as 18 defined in subparagraph (i) of paragraph (c-1) of subdivision one of 19 section 270.00 of the penal law shall be lawful only for business 20 licensed by the state under section one hundred fifty-six-h of the exec- 21 utive law between June first and July fifth or from December twenty- 22 sixth through January second of each year. 23 § 6. This act shall take effect on the sixtieth day after it shall 24 have become a law.