N.Y. Executive Law § 156-h: Registration and fees for manufacturers, distributors, wholesalers, and retailers of sparkling devices

§ 156-h. Registration and fees for manufacturers, distributors,

wholesalers, and retailers of sparkling devices. 1. Definitions. As used

in this section, the term:

(a) "Distributor" means any person or entity engaged in the business

of selling sparkling devices to wholesalers, specialty retailers,

permanent retailers or temporary seasonal retailers for resale.

(b) "Manufacturer" means any person or entity engaged in the

manufacture or construction of sparkling devices.

(c) "Specialty retailer" means any person or entity who, at a fixed

place of business, is engaged solely in selling sparkling devices at

retail. For purposes of this section, a person or entity is engaged

solely in selling sparkling devices if fifty-one percent or more of such

person's or entity's annual gross sales are from the sale of sparkling

devices.

(d) "Permanent retailer" means any person or entity who, at a fixed

place of business, is engaged in selling sparkling devices at retail.

(e) "Sparkling devices" means any item defined in subparagraph (vi) of

paragraph (a) of subdivision one of section 270.00 of the penal law.

(f) "Temporary seasonal retailer" means any person or entity who, at a

temporary stand or tent, is engaged in selling sparkling devices from

June twentieth through July fifth or from December tenth through January

second of each year at retail.

(g) "Wholesaler" means any person or entity engaged in the business of

selling sparkling devices to specialty retailers, permanent retailers or

temporary seasonal retailers at wholesale.

2. Registration requirements. Any manufacturer, distributor,

wholesaler, specialty retailer, permanent retailer or temporary seasonal

retailer of sparkling devices who wishes to do business in this state or

to otherwise sell, ship, or assign for sale its products in this state

must register annually with the office of fire prevention and control on

forms prescribed by such office. Any specialty retailer, permanent

retailer or temporary seasonal retailer that sells sparkling devices at

more than one retail location may submit one registration form for all

such locations but must provide the address of each location with the

registration form; however, any retailer may submit multiple

registration forms.

3. Registration form. The registration form filed with the office of

fire prevention and control must be notarized and must include the

following information: business name; address; telephone number;

officers, if the business is a corporation; and an individual designated

as a contact person.

4. Fees. (a) Each manufacturer, distributor or wholesaler must pay an

annual registration fee to be set by the office of fire prevention and

control not to exceed five thousand dollars. Each specialty retailer

must pay an annual registration fee to be set by such office not to

exceed two thousand five hundred dollars. Each permanent retailer shall

pay an annual registration fee to be set by such office not to exceed

two hundred dollars for each retail location registered. Each temporary

seasonal retailer must pay a registration fee to be set by such office

not to exceed two hundred fifty dollars per season. Each

certificate-holder wishing to have a duplicate certificate issued for

one which is lost or to reflect a change of address shall request such

duplicate in writing and shall pay a fee of five dollars.

(b) Revenue from registration fee payments shall be used for the

purposes of implementing firefighter safety and training programs as

well as registration and testing provisions of this chapter.

(c) No city, municipality or other local jurisdiction shall charge any

fee or require any permit whatsoever for the sale and use of sparkling

devices.

5. Record and reports. Each manufacturer, distributor and wholesaler

shall maintain and make available to the state fire administrator, upon

the state fire administrator's reasonable request, full and complete,

true, and accurate records showing the name and quantity of any

sparkling device produced in, imported to, exported from, or sold in

this state.

6. Rules. The state fire administrator shall promulgate rules

prescribing registration forms required by this section.