2005 Idaho Code - 39-2603 — WHOLESALE AND IMPORT LICENSE REQUIRED

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 26
                                  FIREWORKS
    39-2603.  WHOLESALE AND IMPORT LICENSE REQUIRED. (1) A license shall be
required for any person to import fireworks into this state or to operate a
wholesale fireworks business in this state.
    (2)  Fireworks shall only be delivered in this state by a person with a
valid wholesale or import license under the following circumstances:
         (a)  (i)  To a person with a valid sales tax seller's permit issued
         pursuant to section 63-3620, Idaho Code; and
         (ii) During a period beginning sixty (60) days prior to a date on
         which the retail sale or use of nonaerial common fireworks is
         authorized under this chapter; or
    (b)  To a person with a valid permit issued pursuant to section 39-2605,
    Idaho Code, within a reasonable time period before the display or event.
    (3)  Possession of a wholesale or import license does not authorize the
holder of the license to sell nonaerial common fireworks at retail, but a
wholesaler or importer may also hold a retail permit in compliance with the
provisions of this chapter.
    (4)  Wholesale or import licenses shall be issued for a twelve (12) month
period beginning on March 31 each year and shall be nontransferable. The
license shall be issued if the application is complete and in compliance with
applicable law.
    (5)  Wholesale or import license applications shall be on a form approved
by the department and shall include the name and address of the applicant (or
the names of all partners, if a partnership, the name of the corporation and
the corporate officers if a corporation, or the name of the limited liability
company and all of its members, if a limited liability company) the primary
location of the business, each location at which fireworks are to be stored
and the applicant's Idaho sales tax seller's permit number, if applicable.
    (6)  A bond or valid certificate of public liability and property-casualty
insurance providing coverage of at least one hundred thousand dollars
($100,000) for personal injury and property damage shall be presented at the
time of application.
    (7)  The department may impose a fee for issuing a license under this
section which shall not exceed one hundred dollars ($100).
    (8)  The license required under this section may be revoked if the
licensee violates any provisions of this chapter.  A license revocation
proceeding shall comply with the provisions of chapter 52, title 67, Idaho
Code.
    (9)  The license shall be displayed in public view at each location listed
on the license.
    (10) An importer or wholesaler shall keep a record of all wholesale
transactions showing the name, address, sales tax seller's permit number, if
applicable, and type and quantity of items sold.