S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1620
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. BLANKENBUSH, BRABENEC -- read once and referred
   to the Committee on Codes
 
 AN ACT to amend the general business law, the executive law,  the  penal
   law  and  the tax law, in relation to authorizing the sale of consumer
   fireworks in the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading and subdivision 1 of section 392-j of
 the general business law, as added by chapter 477 of the laws  of  2014,
 are  amended  and  three  new subdivisions 1-a, 1-b and 1-c are added to
 read as follows:
   Sales of sparkling devices OR CONSUMER FIREWORKS.  1. [Sales] FOR  THE
 FIRST  TWO YEARS SUCCEEDING THE EFFECTIVE DATE OF SUBDIVISIONS ONE-A AND
 ONE-B OF THIS SECTION, SALES of sparkling devices as defined in subpara-
 graph (vi) of paragraph (a) of subdivision one of section 270.00 of  the
 penal  law  shall  be lawful only for A business registered by the state
 under section one hundred fifty-six-h of the executive law between [June
 first and July fifth  or  from  December  twenty-sixth  through  January
 second  of  each  year] THE FRIDAY PRECEDING MEMORIAL DAY AND LABOR DAY,
 AND BETWEEN DECEMBER TWENTY-SIXTH AND JANUARY SECOND.
   1-A. FOR PURPOSES OF THIS SECTION, "CONSUMER FIREWORKS" SHALL MEAN ANY
 COMBUSTIBLE OR EXPLOSIVE COMPOSITION OR ANY SUBSTANCE OR COMBINATION  OF
 SUBSTANCES  WHICH  IS  INTENDED TO PRODUCE VISIBLE OR AUDIBLE EFFECTS BY
 COMBUSTION, IS SUITABLE  FOR  USE  BY  THE  PUBLIC,  COMPLIES  WITH  THE
 CONSTRUCTION, PERFORMANCE, COMPOSITION AND LABELING REQUIREMENTS PROMUL-
 GATED  BY PART 1507 OF TITLE SIXTEEN OF THE CODE OF FEDERAL REGULATIONS,
 OR ANY SUCCESSOR REGULATION. NO CONSUMER FIREWORKS SOLD  IN  THIS  STATE
 SHALL  EXCEED  A  POWDER WEIGHT OF FIVE HUNDRED GRAMS. FOR THE FIRST TWO
 YEARS SUCCEEDING THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  SALES  OF
 CONSUMER FIREWORKS SHALL BE LAWFUL ONLY FOR A BUSINESS REGISTERED BY THE
 STATE UNDER SECTION ONE HUNDRED FIFTY-SIX-H OF THE EXECUTIVE LAW BETWEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05194-01-3
              

 A. 1620                             2
 
 THE  FRIDAY  PRECEDING  MEMORIAL DAY AND LABOR DAY, AND BETWEEN DECEMBER
 TWENTY-SIXTH AND JANUARY SECOND.
   1-B. FOR EVERY YEAR AFTER THE FIRST TWO YEARS SUCCEEDING THE EFFECTIVE
 DATE  OF  THIS  SUBDIVISION,  SALES  OF CONSUMER FIREWORKS AND SPARKLING
 DEVICES FROM PERMANENT STRUCTURES SHALL BE LAWFUL FOR A BUSINESS  REGIS-
 TERED  BY  THE STATE UNDER SECTION ONE HUNDRED FIFTY-SIX-H OF THE EXECU-
 TIVE LAW BETWEEN JANUARY FIRST AND DECEMBER THIRTY-FIRST. IN THE CASE OF
 SALES OF SPARKLING DEVICES FROM A TEMPORARY  STRUCTURE,  AS  DEFINED  IN
 PARAGRAPH  (I)  OF SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-SIX-H OF
 THE EXECUTIVE LAW, SUCH SALES SHALL BE LAWFUL FOR A BUSINESS  REGISTERED
 BY  THE STATE UNDER SECTION ONE HUNDRED FIFTY-SIX-H OF THE EXECUTIVE LAW
 BETWEEN JUNE TWENTIETH AND JULY FIFTH,  AND  DECEMBER  TWENTY-SIXTH  AND
 JANUARY SECOND.
   1-C. THE SALE OF CONSUMER FIREWORKS SHALL NOT BE LAWFUL IN A CITY WITH
 A POPULATION OF ONE MILLION OR MORE OR A COUNTY WITH A POPULATION OF ONE
 MILLION TWO HUNDRED FIFTY THOUSAND OR MORE WHICH IS NOT WHOLLY CONTAINED
 WITHIN A CITY AT ANY TIME.
   §  2.  Section  156-h of the executive law, as added by chapter 477 of
 the laws of 2014, is amended to read as follows:
   § 156-h. Registration and fees for manufacturers, distributors, whole-
 salers, and retailers of sparkling devices  OR  CONSUMER  FIREWORKS.  1.
 Definitions. As used in this section, the term:
   (a)  "Distributor"  means any person or entity engaged in the business
 of selling sparkling  devices  OR  CONSUMER  FIREWORKS  to  wholesalers,
 specialty retailers, permanent retailers or temporary seasonal retailers
 for resale.
   (b)  "Manufacturer" means any person or entity engaged in the manufac-
 ture or construction of sparkling devices OR CONSUMER FIREWORKS.
   (c) "Specialty retailer" means any person or entity who,  at  a  fixed
 place  of  business,  is  engaged solely in selling sparkling devices OR
 CONSUMER FIREWORKS at retail. For purposes of this section, a person  or
 entity  is engaged solely in selling sparkling devices OR CONSUMER FIRE-
 WORKS if fifty-one percent or more of such person's or  entity's  annual
 gross  sales  are  from  the  sale  of  sparkling  devices  OR  CONSUMER
 FIREWORKS.
   (d) "Permanent retailer" means any person or entity who,  at  a  fixed
 place  of  business, is engaged in selling sparkling devices OR CONSUMER
 FIREWORKS 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, OR ANY PERSON OR ENTITY WHO, AT A TEMPO-
 RARY LOCATION, IS ENGAGED IN SELLING  CONSUMER  FIREWORKS  OR  SPARKLING
 DEVICES  FROM  MAY FIRST THROUGH DECEMBER THIRTY-FIRST OF EACH YEAR. ANY
 TEMPORARY LOCATION USED BY A TEMPORARY  SEASONAL  RETAILER  OF  CONSUMER
 FIREWORKS  MUST BE A STAND-ALONE PERMANENT STRUCTURE, AND MUST OTHERWISE
 MEET THE  CRITERIA  FOR  FACILITIES  USED  TO  SELL  CONSUMER  FIREWORKS
 REQUIRED BY PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
   (g) "Wholesaler" means any person or entity engaged in the business of
 selling  sparkling devices OR CONSUMER FIREWORKS to specialty retailers,
 permanent retailers or temporary seasonal retailers at wholesale.
   (H) "CONSUMER FIREWORKS" MEANS THE SAME AS SUCH  TERM  IS  DEFINED  IN
 SECTION THREE HUNDRED NINETY-TWO-J OF THE GENERAL BUSINESS LAW.
 A. 1620                             3
 
   (I) "TEMPORARY STRUCTURE" MEANS ANY STRUCTURE OR FACILITY OTHER THAN A
 PERMANENT FACILITY WITH FIXED UTILITY CONNECTIONS, WHICH IS IN USE OR IN
 PLACE  FOR  A  PERIOD OF TWENTY CONSECUTIVE CALENDAR DAYS OR LESS AND IS
 DEDICATED TO THE  STORAGE  AND  SALE  OF  SPARKLING  DEVICES.  THE  TERM
 INCLUDES,  BUT IS NOT LIMITED TO,  TEMPORARY RETAIL SALES STANDS, TENTS,
 CANOPIES AND MEMBRANE  STRUCTURES  MEETING  THE  SPECIFICATIONS  OF  THE
 NATIONAL  FIRE  PROTECTION  ASSOCIATION  CODE  NUMBER  ONE  THOUSAND ONE
 HUNDRED TWENTY-FOUR. THE TERM SHALL  NOT  INCLUDE  A  FACILITY  THAT  IS
 REGISTERED TO SELL CONSUMER FIREWORKS UNDER THIS SECTION.
   2.  Registration  requirements.  Any manufacturer, distributor, whole-
 saler, specialty retailer,  permanent  retailer  or  temporary  seasonal
 retailer  of  sparkling  devices  OR CONSUMER FIREWORKS 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 OR CONSUMER  FIREWORKS  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. (A) 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; offi-
 cers, if the business is a corporation; and an individual designated  as
 a contact person.
    (B)  TO  BE  APPROVED  FOR REGISTRATION TO SELL CONSUMER FIREWORKS, A
 MANUFACTURER, DISTRIBUTOR,  WHOLESALER,  SPECIALTY  RETAILER,  PERMANENT
 RETAILER,  OR  TEMPORARY  SEASONAL  RETAILER  SHALL SUBMIT THE FOLLOWING
 INFORMATION WITH THE REGISTRATION FORM:
   (1) THE NAME OF THE DISTRIBUTOR SELLING THE CONSUMER FIREWORKS AND THE
 NAMES OF THE PERSONS ACTUALLY ON SITE TO BE IN CHARGE OF THE SALES.
   (2) PROOF THAT THE SALES FACILITY  COMPLIES  WITH  THE  PROVISIONS  OF
 PARAGRAPH (C) OF THIS SUBDIVISION.
   (3) THE NUMBER AND KIND OF CONSUMER FIREWORKS TO BE SOLD.
   (4) WHETHER THE BUSINESS WILL BE PERMANENT OR TEMPORARY.
   (5)  SUCH  OTHER  INFORMATION  AS  THE  OFFICE  OF FIRE PREVENTION AND
 CONTROL MAY DEEM NECESSARY TO PROTECT PERSONS OR PROPERTY.
   (C) FACILITIES USED TO SELL CONSUMER FIREWORKS SHALL MEET THE  FOLLOW-
 ING  CRITERIA,  AND  PROOF  OF  COMPLIANCE  WITH  SUCH CRITERIA SHALL BE
 SUBMITTED WITH THE REGISTRATION FORM:
   (1) THE FACILITY SHALL BE A STAND-ALONE PERMANENT STRUCTURE.
   (2) STORAGE AREAS SHALL BE SEPARATED FROM WHOLESALE  OR  RETAIL  SALES
 AREAS  TO WHICH A PURCHASER SHALL NOT BE ADMITTED BY APPROPRIATELY RATED
 FIRE SEPARATION.
   (3) THE FACILITY SHALL BE LOCATED NO CLOSER  THAN  FIVE  HUNDRED  FEET
 FROM A FACILITY SELLING OR DISPENSING GASOLINE, PROPANE OR OTHER FLAMMA-
 BLE PRODUCTS.
   (4)  THE  FACILITY SHALL BE LOCATED AT LEAST TWO THOUSAND FIVE HUNDRED
 FEET FROM ANOTHER FACILITY REGISTERED TO SELL CONSUMER FIREWORKS.
   (5) THE FACILITY SHALL HAVE A MONITORED BURGLAR AND FIRE ALARM SYSTEM.
   (6) QUARTERLY FIRE DRILLS AND PREPLANNING MEETINGS SHALL BE  CONDUCTED
 AS REQUIRED BY THE PRIMARY FIRE DEPARTMENT.
   (7)  ANY  SALES FACILITY SELLING CONSUMER FIREWORKS SHALL NOT SELL ANY
 PRODUCTS OTHER THAN CONSUMER  FIREWORKS  AND/OR  SPARKLING  DEVICES.  NO
 FACILITY  SELLING  PRODUCTS  OTHER  THAN CONSUMER FIREWORKS OR SPARKLING
 DEVICES SHALL BE APPROVED FOR REGISTRATION TO SELL CONSUMER FIREWORKS.
 A. 1620                             4
 
   3-A. OPERATION REQUIREMENTS  OF  SALES  FACILITIES.  SALES  FACILITIES
 SHALL OPERATE IN ACCORDANCE WITH THE FOLLOWING RULES:
   (A)  THERE  SHALL  BE SECURITY PERSONNEL ON THE PREMISES FOR THE SEVEN
 DAYS PRECEDING AND INCLUDING JULY FOURTH AND FOR THE THREE DAYS  PRECED-
 ING AND INCLUDING JANUARY SECOND.
   (B) NO SMOKING SHALL BE PERMITTED IN THE FACILITY.
   (C)  NO CIGARETTES OR TOBACCO PRODUCTS, MATCHES, LIGHTERS OR ANY OTHER
 FLAME-PRODUCING DEVICES SHALL BE PERMITTED TO BE TAKEN INTO THE  FACILI-
 TY.
   (D) NO MINORS SHALL BE PERMITTED IN THE FACILITY UNLESS ACCOMPANIED BY
 AN ADULT, AND EACH MINOR SHALL STAY WITH THE ADULT IN THE FACILITY.
   (E)  ALL FACILITIES SHALL CARRY AT LEAST TWO MILLION DOLLARS IN PUBLIC
 AND PRODUCT LIABILITY INSURANCE.
   (F) A FACILITY SHALL PROVIDE ITS EMPLOYEES WITH DOCUMENTED TRAINING IN
 THE AREA OF OPERATIONAL SAFETY OF A  FACILITY.  THE  CERTIFICATE  HOLDER
 SHALL  PROVIDE  TO  THE  OFFICE  OF  FIRE PREVENTION AND CONTROL WRITTEN
 DOCUMENTATION THAT EACH EMPLOYEE HAS RECEIVED THE TRAINING.
   (G) NO DISPLAY FIREWORKS SHALL BE STORED OR LOCATED AT A FACILITY.
   (H) NO PERSON WHO APPEARS TO BE UNDER THE  INFLUENCE  OF  INTOXICATING
 LIQUOR  OR  DRUGS SHALL BE ADMITTED TO THE FACILITY, AND NO LIQUOR, BEER
 OR WINE SHALL BE PERMITTED IN THE FACILITY.
   (I) EMERGENCY EVACUATION PLANS SHALL BE CONSPICUOUSLY POSTED IN APPRO-
 PRIATE LOCATIONS WITHIN THE FACILITY.
   3-B. TEMPORARY STRUCTURES.  NO MANUFACTURER, DISTRIBUTOR,  WHOLESALER,
 SPECIALTY  RETAILER,  PERMANENT RETAILER, OR TEMPORARY SEASONAL RETAILER
 SHALL SELL OR STORE CONSUMER FIREWORKS IN  A  TEMPORARY  STRUCTURE.    A
 TEMPORARY  STRUCTURE MAY BE REGISTERED TO SELL SPARKLING DEVICES IF SUCH
 TEMPORARY STRUCTURE MEETS ALL OF THE FOLLOWING REQUIREMENTS,  AND  PROOF
 OF  COMPLIANCE WITH SUCH REQUIREMENTS IS SUBMITTED WITH THE REGISTRATION
 FORM:
   (A) THE TEMPORARY STRUCTURE IS LOCATED NO  CLOSER  THAN  FIVE  HUNDRED
 FEET FROM A FACILITY STORING, SELLING OR DISPENSING GASOLINE, PROPANE OR
 OTHER FLAMMABLE PRODUCTS.
   (B)  AN  EVACUATION  PLAN  IS  POSTED  IN A CONSPICUOUS LOCATION FOR A
 TEMPORARY STRUCTURE IN ACCORDANCE  WITH  THE  NATIONAL  FIRE  PROTECTION
 ASSOCIATION CODE NUMBER ONE THOUSAND ONE HUNDRED TWENTY-FOUR.
   (C)  THE OUTDOOR STORAGE UNIT, IF ANY, IS SEPARATED FROM THE WHOLESALE
 OR RETAIL SALES AREA TO WHICH A  PURCHASER  SHALL  NOT  BE  ADMITTED  BY
 APPROPRIATELY RATED FIRE SEPARATION.
   (D)  THE  TEMPORARY  STRUCTURE  IS  LOCATED  AT LEAST TEN MILES FROM A
 PERMANENT FACILITY REGISTERED TO SELL CONSUMER FIREWORKS.
   (E) THE TEMPORARY STRUCTURE DOES NOT EXCEED TWO THOUSAND FIVE  HUNDRED
 SQUARE FEET.
   (F) THE TEMPORARY STRUCTURE IS SECURED AT ALL TIMES DURING WHICH SPAR-
 KLING DEVICES ARE DISPLAYED WITHIN THE STRUCTURE.
   (G)  THE  TEMPORARY  STRUCTURE HAS A MINIMUM OF TWO MILLION DOLLARS IN
 PUBLIC AND PRODUCT LIABILITY INSURANCE.
   (H) SPARKLING DEVICES NOT ON DISPLAY FOR RETAIL SALE ARE TO BE  STORED
 IN  A  SECURE OUTDOOR STORAGE UNIT AND SHALL BE NOT PLACED UNDER TABLES,
 TO PREVENT DAMAGE TO SUCH DEVICES DUE TO WATER OR WEATHER.
   3-C. INSPECTIONS, TERMS, AND  CONDITIONS.  (A)  ALL  SALES  FACILITIES
 SHALL  BE  INSPECTED BY THE OFFICE OF FIRE PREVENTION AND CONTROL WITHIN
 THIRTY DAYS OF RECEIPT OF  A  COMPLETE  REGISTRATION  APPLICATION.  SUCH
 OFFICE  SHALL  ISSUE  OR  DENY  A  CERTIFICATE  WITHIN  FOURTEEN DAYS OF
 COMPLETING THE INSPECTION.
 A. 1620                             5
 
   (B) THE OFFICE OF FIRE PREVENTION AND  CONTROL  SHALL  ISSUE  OR  DENY
 REGISTRATION  FOR  A  FACILITY NO LATER THAN TEN DAYS PRIOR TO THE FIRST
 DAY OF SALE. SUCH FACILITY SHALL BE AVAILABLE  FOR  INSPECTION  BY  SUCH
 OFFICE AT ALL TIMES DURING THE REGISTRATION PERIOD.
   (C) REGISTRATION FOR THE SALE OF CONSUMER FIREWORKS SHALL BE EFFECTIVE
 FOR ONE YEAR FROM THE DATE THE CERTIFICATE IS ISSUED.
   (D) REGISTRATION RENEWAL SHALL BE AUTOMATIC UPON PAYMENT OF THE APPRO-
 PRIATE  ANNUAL  REGISTRATION  FEE  BUT EACH FACILITY SHALL BE SUBJECT TO
 ANNUAL INSPECTIONS BY THE OFFICE OF FIRE PREVENTION AND CONTROL  AND  AT
 OTHER TIMES AS SUCH OFFICE MAY DEEM APPROPRIATE.
   (E)    NO  CERTIFICATE  SHALL  BE ISSUED TO A CONVICTED FELON OR TO AN
 ENTITY IN WHICH A CONVICTED FELON OWNS A PERCENTAGE OF THE EQUITY INTER-
 EST.
   4. Fees.  (a)  Each  manufacturer,  distributor,  SPECIALTY  RETAILER,
 PERMANENT RETAILER, TEMPORARY SEASONAL RETAILER or wholesaler OF SPARKL-
 ING DEVICES OR CONSUMER FIREWORKS must pay [an] annual registration [fee
 to  be  set  by  the office of fire prevention and control not to exceed
 five thousand dollars] FEES. [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 regis-
 tration  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.]
   (I) THE ANNUAL REGISTRATION FEES FOR  ANY  MANUFACTURER,  DISTRIBUTOR,
 SPECIALTY  RETAILER,  PERMANENT RETAILER, TEMPORARY SEASONAL RETAILER OR
 WHOLESALER OF CONSUMER FIREWORKS REGISTERED TO  SELL  FROM  A  PERMANENT
 STRUCTURE SHALL BE AS FOLLOWS:
   (A)  FOR THE FIRST TWO YEARS SUCCEEDING THE EFFECTIVE DATE OF SUBDIVI-
 SIONS ONE-A AND ONE-B OF  SECTION  THREE  HUNDRED  NINETY-TWO-J  OF  THE
 GENERAL  BUSINESS LAW, SUCH MANUFACTURER, DISTRIBUTOR, SPECIALTY RETAIL-
 ER, PERMANENT RETAILER, TEMPORARY SEASONAL RETAILER OR WHOLESALER REGIS-
 TERS:
   (1) ONE THOUSAND DOLLARS FOR ANY FACILITY NOT EXCEEDING  TEN  THOUSAND
 SQUARE FEET IN SIZE.
   (2)  TWO  THOUSAND FIVE HUNDRED DOLLARS FOR ANY FACILITY EXCEEDING TEN
 THOUSAND SQUARE FEET IN SIZE BUT NOT EXCEEDING FIFTEEN  THOUSAND  SQUARE
 FEET IN SIZE.
   (3)  FIVE THOUSAND DOLLARS FOR ANY FACILITY EXCEEDING FIFTEEN THOUSAND
 SQUARE FEET IN SIZE.
   (B)  FOR  EVERY  YEAR  THEREAFTER,  SUCH  MANUFACTURER,   DISTRIBUTOR,
 SPECIALTY  RETAILER,  PERMANENT RETAILER, TEMPORARY SEASONAL RETAILER OR
 WHOLESALER REGISTERS:
   (1) SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR ANY FACILITY NOT EXCEEDING
 TEN THOUSAND SQUARE FEET IN SIZE.
   (2) TEN THOUSAND DOLLARS  FOR  ANY  FACILITY  EXCEEDING  TEN  THOUSAND
 SQUARE  FEET  IN  SIZE BUT NOT EXCEEDING FIFTEEN THOUSAND SQUARE FEET IN
 SIZE.
   (3) TWENTY THOUSAND DOLLARS FOR ANY FACILITY EXCEEDING  FIFTEEN  THOU-
 SAND SQUARE FEET IN SIZE.
   (II)  THE  ANNUAL REGISTRATION FEES FOR ANY MANUFACTURER, DISTRIBUTOR,
 SPECIALTY RETAILER, PERMANENT RETAILER, OR TEMPORARY  SEASONAL  RETAILER
 OF  SPARKLING  DEVICES  REGISTERED TO SELL SPARKLING DEVICES SHALL BE AS
 FOLLOWS:
   (A) TWO HUNDRED DOLLARS PER PERMANENT FACILITY.
   (B) TWO HUNDRED FIFTY DOLLARS PER TEMPORARY FACILITY.
 A. 1620                             6
 
   (C) TWO THOUSAND FIVE HUNDRED DOLLARS PER SPECIALTY FACILITY.
   (III)  THE  ANNUAL  REGISTRATION  FEES FOR ANY WHOLESALER OF SPARKLING
 DEVICES REGISTERED TO SELL  FROM  A  TEMPORARY  STRUCTURE  SHALL  BE  AS
 FOLLOWS:
   (A)  ONE  THOUSAND DOLLARS FOR ANY IN-STATE WHOLESALER WITH A NEW YORK
 STATE OWNERS AND POSSESSION LICENSE AND  A  FEDERAL  EXPLOSIVES  LICENSE
 FROM THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS.
   (B)  THREE  THOUSAND  DOLLARS FOR ANY IN-STATE WHOLESALER WITHOUT BOTH
 LICENSES.
   (C) SIX THOUSAND DOLLARS FOR ANY OUT OF STATE WHOLESALER SELLING  FROM
 A TEMPORARY STRUCTURE IN THIS STATE.
   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 ALL registration fee payments REQUIRED BY THIS SUBDI-
 VISION 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 OR CONSUMER FIREWORKS.
   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 sparkl-
 ing device OR CONSUMER FIREWORKS  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.
   § 3. The opening paragraph  of  paragraph  (a)  of  subdivision  2  of
 section  270.00 of the penal law, as added by chapter 477 of the laws of
 2014, is amended to read as follows:
   Except as herein otherwise provided,  or  except  where  a  permit  is
 obtained  pursuant to section 405.00 of this chapter OR WHERE A MANUFAC-
 TURER, DISTRIBUTOR,  WHOLESALER,  OR  RETAILER  IS  REGISTERED  TO  SELL
 CONSUMER  FIREWORKS  PURSUANT  TO SECTION ONE HUNDRED FIFTY-SIX-J OF THE
 EXECUTIVE LAW:
   § 4. Subdivision 20 of section 156 of the executive law, as  added  by
 chapter 477 of the laws of 2014, is amended to read as follows:
   20.  Register  the manufacturers, distributors, wholesalers, retailers
 and seasonal retailers of sparkling devices OR  CONSUMER  FIREWORKS  who
 wish to do business within the state.
   §  5.  The  tax  law  is amended by adding a new article 15 to read as
 follows:
 
                                ARTICLE 15
                     EXCISE TAX ON CONSUMER FIREWORKS
 
 SECTION 330. DEFINITIONS.
         331. IMPOSITION OF TAX.
         332. RECORDS.
         333. DEPOSIT AND DISPOSITION OF REVENUE.
         334. RULES AND REGULATIONS.
         335. SEVERABILITY
 A. 1620                             7
 
   § 330. DEFINITIONS. AS USED IN THIS ARTICLE "CONSUMER FIREWORKS" MEANS
 THE SAME AS SUCH TERM IS DEFINED IN SECTION THREE  HUNDRED  NINETY-TWO-J
 OF THE GENERAL BUSINESS LAW.
   §  331.  IMPOSITION  OF TAX. THERE IS HEREBY LEVIED AND IMPOSED ON THE
 RETAIL SALE OF CONSUMER FIREWORKS AN EXCISE TAX AT  A  RATE  OF  FIFTEEN
 PERCENT  OF  THE PURCHASE PRICE PER ITEM SOLD. THE TAXES IMPOSED BY THIS
 SECTION ARE IN ADDITION TO ANY OTHER TAXES THAT MAY APPLY TO SUCH  SALE.
 SUCH  TAX  SHALL  BE IMPOSED ON EACH SEPARATE SALE AT RETAIL OF CONSUMER
 FIREWORKS AND SHALL BE COLLECTED BY THE RETAILER FROM  THE  CONSUMER  AT
 THE TIME OF SUCH SALE.
   §  332.  RECORDS.  EVERY  RETAILER OF CONSUMER FIREWORKS SHALL  KEEP A
 COMPLETE AND ACCURATE RECORD OF ALL PURCHASES AND SALES OR OTHER  DISPO-
 SITIONS  OF  CONSUMER FIREWORKS.  SUCH RECORDS SHALL BE IN SUCH FORM AND
 CONTAIN SUCH OTHER INFORMATION AS THE COMMISSIONER SHALL PRESCRIBE.
   § 333. DEPOSIT AND DISPOSITION OF REVENUE.  ALL  TAXES,  INTEREST  AND
 PENALTIES  COLLECTED  OR RECEIVED BY THE COMMISSIONER UNDER THIS ARTICLE
 SHALL BE DEPOSITED AND DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION
 ONE HUNDRED SEVENTY-ONE-A OF THIS CHAPTER; PROVIDED HOWEVER,  THE  COMP-
 TROLLER  SHALL  ON OR BEFORE THE TWELFTH DAY OF EACH MONTH, PAY ALL SUCH
 TAXES, INTEREST AND PENALTIES COLLECTED UNDER THIS ARTICLE AND REMAINING
 TO THE COMPTROLLER'S CREDIT IN  SUCH  BANKS,  BANKING  HOUSES  OR  TRUST
 COMPANIES  AT  THE  CLOSE  OF  BUSINESS ON THE LAST DAY OF THE PRECEDING
 MONTH, INTO THE GENERAL FUND OF THE STATE TREASURY.
   § 334. RULES AND REGULATIONS. THE COMMISSIONER  SHALL  PROMULGATE  ANY
 RULES  AND  REGULATIONS  NECESSARY  TO  CARRY OUT THE PROVISIONS OF THIS
 ARTICLE.
   § 335. SEVERABILITY.  IF ANY CLAUSE, SENTENCE, PARAGRAPH,  SECTION  OR
 PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
 DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVAL-
 IDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS  OPERATION  TO
 THE  CLAUSE,  SENTENCE,    PARAGRAPH,  SECTION, OR PART THEREOF DIRECTLY
 INVOLVED IN THE CONTROVERSY IN   WHICH SUCH  JUDGMENT  SHALL  HAVE  BEEN
 RENDERED.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.