2015 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 22 - Fire Prevention, Protection, and Safety
Subchapter 7 - Fireworks
§ 20-22-707 - License -- Application and issuance.
(a) (1) (A) To be licensed as a manufacturer, importer, distributor, jobber, retailer, or shooter of fireworks, a first-time applicant shall submit to the Director of the Department of Arkansas State Police an application on a form provided by the director setting forth the information that the director determines necessary to ensure public health, safety, and welfare.
(B) The license for a manufacturer, importer, distributor, jobber, or retailer shall be effective from the date of issuance through the next April 30.
(C) The license for a shooter shall be valid for five (5) years from the date of issuance.
(D) Upon approval of the application by the director and before the issuance of the license, the applicant shall pay to the director a license fee for each type of business conducted based on the following schedule:
(i) Manufacturer ......................$1,000.00
(ii) Importer ......................750.00
(iii) Distributor ......................500.00
(iv) Jobber ......................100.00
(v) Retailer ......................25.00
(vi) Shooter ......................50.00
(E) The fee for a shooter shall be waived if the applicant verifies that he or she is a professional or volunteer firefighter.
(2) (A) A retailer may purchase a license from its vendor if the vendor is a licensed importer, distributor, or jobber or from the State Fire Marshal Enforcement Section of the Department of Arkansas State Police. The retailers' licenses shall be made available by the Department of Arkansas State Police to the vendor in books of twenty (20) licenses to a book.
(B) The vendor shall record the sales of the licenses to retailers and submit its records to the director semiannually on January 31 and July 31 of each year. Each semiannual report shall cover the preceding six-month period.
(3) A person that does not obtain a required license commits a violation of this subchapter.
(b) (1) A person may renew a license as a manufacturer, importer, distributor, jobber, retailer, or shooter by payment of the fee under subsection (a) of this section to the director.
(2) A license renewal application received by the director after May 1 of each year shall be assessed a late penalty in an amount equal to two (2) times the renewal fee, under subsection (a) of this section.
(c) All funds collected under this subchapter by the director, including license fees and penalties, shall be deposited into the State Treasury to the credit of the Department of Arkansas State Police Fund.
(d) The director shall assign a license number to each license issued. This number shall be affixed by the person to whom such a license is issued to all invoices issued or used by each manufacturer, importer, distributor, or jobber.
(e) (1) It shall be unlawful for a jobber licensed under this subchapter or for an Arkansas-domiciled retailer to purchase fireworks from a distributor, importer, or manufacturer domiciled outside the State of Arkansas unless the distributor, manufacturer, or importer can show proof that the distributor, manufacturer, or importer holds a valid license under this subchapter to perform functions of the distributor, importer, or manufacturer, or all of them, as the case may be.
(2) In the event of a violation of this section, if the distributor, importer, or manufacturer cannot show valid proof of being properly and currently licensed under this subchapter and if purchase of fireworks is consummated by a wholesale jobber licensed under this subchapter or by an Arkansas retailer from the distributor, importer, or manufacturer, then the jobber or retailer shall become liable, as a civil penalty, for the full amount of the license fee required by this subchapter from the distributor, importer, or manufacturer. The amount of the license fee is payable immediately, or in the event of failure to pay the penalty within thirty (30) days of the violation, the distributor, importer, or manufacturer shall be subject to the criminal penalties provided by this subchapter.
(3) Furthermore, unless the out-of-state distributor, importer, or manufacturer pays the license fee required under the provisions of this subchapter within a period of thirty (30) days after being so notified by registered mail, the person shall thereafter be prohibited from engaging in the business defined in this subchapter in the State of Arkansas.
(f) (1) No permit or license provided for in this subchapter shall be transferable, nor shall a person be permitted to operate under a permit or license issued to any other person.
(2) No permit or license shall be issued to a person under twenty-one (21) years of age.
(3) (A) Each retailer and holder of a license under the provisions of this subchapter shall keep an accurate record of each shipment received.
(B) Each distributor, importer, jobber, or wholesaler shall keep a record of each shipment received and each sale, delivery, or out-shipment of fireworks.
(C) The records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item, and quantity received or sold.
(D) The records are to be kept at each place of business and shall be subject to examination by the director or his or her agents who shall have the authority at any time to require any manufacturer, importer, distributor, wholesaler, jobber, or retailer to produce records for the current year and the immediately preceding full license year.
(E) Each shooter shall keep a record of the date, location, and type of display conducted within the State of Arkansas.
(g) Mail-order sales of fireworks to consumers through any medium of interstate or intrastate commerce are prohibited. Sales of fireworks to consumers may be made only at properly licensed retail locations within the State of Arkansas. Any person violating this subsection shall be guilty of a Class C misdemeanor.
(h) The director may revoke or deny an application for any license or permit at any time for violating any provision of this subchapter or for falsifying any information provided to the department as part of an application for a license or permit.
(i) The director may promulgate rules necessary to enforce this subchapter.
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