Amd §392-j, Gen Bus L; amd §§156-h & 156, Exec L; amd §270.00, Pen L; add Art 15 §§330 - 335, Tax L
Authorizes the sale of consumer fireworks in the state; allows fireworks to be sold between May and December; requires compliance with certain requirements regarding registration and facilities; imposes a tax on the sale of fireworks.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3353A
SPONSOR: Blankenbush TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the sale of consumer fireworks in the state
SUMMARY OF PROVISIONS:
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.
1-a, "Consumer Fireworks" shall mean any combustible or explosive compo-
sition 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 promulgated by part 1507 of title sixteen of
the code of federal regulations, or any successor regulation. No consum-
er 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 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 beginning May first and December thirty-first of each year. In
the case of sales of consumer fireworks and 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 beginning May first through
December thirty-first of each year.
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. Registration requirements. Any manufacturer, distributor, wholesaler,
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 retailer seasonal retailer that sells
sparkling devices or consumer fireworks at more than one retail location
must submit one registration form for all such locations but must
provide the address of each location with the registration form; howev-
er, 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; offi-
cers, if the business is a corporation; and an individual designated as
a contact person.
4. Fees. (a) Eash manufacturer, distributor, specialty retailer, perma-
nent retailer, temporary seasonal retailer or wholesale of sparkling
devices or consumer fireworks must pay annual registration fees.
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 prescrib-
ing registration forms required by this section.
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
Section 4. Subdivision 20 of section 156 of the executive law, as added
by chapter 477 of the laws of 2014
Section 5. The tax law is amended by adding a new article 15
Section 6. This act shall take effect on the ninetieth day after it
shall have become a law.
JUSTIFICATION:
This legislation would allow consumer fireworks to be a seasonal product
to be better align with customer behavior, small business realities, and
rural economic conditions. Requiring fireworks to be sold exclusively
from permanent, year-round brick-and-mortar facilities forces operators
into an economically unsustainable model. During the off-season months,
many businesses would generate little to no revenue while still incur-
ring fixed costs such as rent, utilities, insurance, security systems,
inspections, and staffing. Ultimately, selling/operating consumer fire-
works year-round would harm small.and rural business owners eventually
forcing them out of business.
Currently, in New York State it is illegal to buy or use fireworks that
project into the air. Only sparkling devices are considered legal. Many
New Yorkers often travel to Pennsylvania or other states that legally
sell fireworks then bring them back to showcase here. Permitting
seasonal tents for consumer fireworks would be a practical and rational
resolution to a highly seasonal marketplace for our state and bring in
much needed revenue.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
