815 KAR 10:070. Consumer fireworks retailer registration and fees.

 

      RELATES TO: 227.700, 227.702, 227.704, 227.708, 227.710, 227.715, 227.750, 227.752

      STATUTORY AUTHORITY: KRS 227.715

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.715 requires the department to promulgate administrative regulations establishing registration requirements and fees for any person, firm, co-partnership, non-profit, or business intended to sell consumer fireworks in the Commonwealth. This administrative regulation establishes the registration forms, submission process and fees for consumer firework retailers.

 

      Section 1. Filing of Annual Registration by Consumer Fireworks Retailers. (1) A retailer shall not offer for sale, sell at retail, or keep with intent to sell consumer fireworks without annually registering with the Kentucky State Fire Marshal.

      (2) All retailers of consumer fireworks required by KRS 227.715 to annually register with the State Fire Marshal shall submit to the Division of Fire Prevention:

      (a) A completed Fireworks Registration Application (Form FM 32-03);

      (b) A nonrefundable annual fee as established in Section 2 of this administrative regulation; and

      (c) Evidence that a current sales and use tax permit has been obtained from the Department of Revenue.

      (3) Registration shall not be complete until a Fireworks Registration Application, payment of appropriate fireworks retailer fee, and evidence of current sales and use tax permit are received and processed by the Division of Fire Prevention, State Fire Marshal.

 

      Section 2. Fee Schedule for Registration of Consumer Fireworks Retailers. (1) The annual consumer fireworks retailer application and renewal fees for each retail site shall be:

      (a) Twenty-five (25) dollars for registration of retailers intending to sell consumer fireworks described in KRS 227.702(1);

      (b) $250 for registration of seasonal retailers intending to sell consumer fireworks described in KRS 227.702(2) and (3) between June 10th and July 7th, or December 26th and January 4th; and

      (c) $500 for registration of permanent retailers whose primary source of business is the sale of consumer fireworks as defined in KRS 227.702(2) and (3).

      (2) If registration is received less than fifteen (15) days prior to offering fireworks for sale at the site for which registration is submitted, an additional $100 shall be added to the initial fee, in accordance with KRS 227.715(5).

      (3) Application, renewal and late registration fees shall be nonrefundable.

 

      Section 3. Payment of Fees. (1) A fee submitted to the Division of Fire Prevention, State Fire Marshal shall be made payable to the Kentucky State Treasurer.

      (2) If a fee is returned to the Division of Fire Prevention for nonpayment or insufficient funds, the Fire Marshal may revoke registration of the site in accordance with KRS 227.715(10), unless proof of financial institution error is provided.

 

      Section 4. Incorporation by Reference. (1) Form FM 32-03, "Fireworks Registration Application", May 2011, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Fire Prevention, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405, Monday through Friday, 8 a.m. to 4:30 p.m. (37 Ky.R. 3045; 38 Ky.R. 241; eff. 8-17-2011.)