§ 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.