2006 Ohio Revised Code - 3743.75. Moratorium concerning manufacturer and wholesaler licenses.

§ 3743.75. Moratorium concerning manufacturer and wholesaler licenses.
 

(A)  During the period beginning on June 29, 2001, and ending on December 15, 2008, the state fire marshal shall not do any of the following: 

(1) Issue a license as a manufacturer of fireworks under sections 3743.02 and 3743.03 of the Revised Code to a person for a particular fireworks plant unless that person possessed such a license for that fireworks plant immediately prior to June 29, 2001; 

(2) Issue a license as a wholesaler of fireworks under sections 3743.15 and 3743.16 of the Revised Code to a person for a particular location unless that person possessed such a license for that location immediately prior to June 29, 2001; 

(3) Except as provided in division (B) of this section, approve the geographic transfer of a license as a manufacturer or wholesaler of fireworks issued under this chapter to any location other than a location for which a license was issued under this chapter immediately prior to June 29, 2001. 

(B)  Division (A)(3) of this section does not apply to a transfer that the state fire marshal approves under division (F) of section 3743.17 of the Revised Code. 

(C)  Notwithstanding section 3743.59 of the Revised Code, the prohibited activities established in divisions (A)(1) and (2) of this section, geographic transfers approved pursuant to division (F) of section 3743.17 of the Revised Code, and storage locations allowed pursuant to division (I) of section 3743.04 of the Revised Code or division (G) of section 3743.17 of the Revised Code are not subject to any variance, waiver, or exclusion. 

(D)  As used in division (A) of this section: 

(1) "Person" includes any person or entity, in whatever form or name, that acquires possession of a manufacturer or wholesaler of fireworks license issued pursuant to this chapter by transfer of possession of a license, whether that transfer occurs by purchase, assignment, inheritance, bequest, stock transfer, or any other type of transfer, on the condition that the transfer is in accordance with division (D) of section 3743.04 of the Revised Code or division (D) of section 3743.17 of the Revised Code and is approved by the fire marshal. 

(2) "Particular location" includes a licensed premises and, regardless of when approved, any storage location approved in accordance with section 3743.04 or 3743.17 of the Revised Code. 
 

HISTORY: 149 v H 161, § 3. Eff 6-29-2001; 150 v H 255, § 1, eff. 3-31-05; 151 v H 66, § 101.01, eff. 9-29-05.
 

The effective date is set by § 612.03 of 151 v H 66. 

See provisions, § 6(B) of HB 161 (149 v  - ) following RC § 3743.01. 

 

Effect of Amendments

151 v H 66, effective September 29, 2005, in (A)(3), inserted "geographic"; in (B), corrected internal references, and deleted the last sentence, which read: "Section 3743.59 of the Revised Code does not apply to this section; and added (C) and (D). 

150 v H 255, effective March 31, 2005, specified the effective date throughout; substituted "2008" for "2005"; and deleted (C), pertaining to a proposal to provide for the issuance of manufacturer and wholesaler of fireworks licenses based on demographics.