Colorado § 24-33.5-2004 - Licensing - application - fee - fireworks licensing cash fund - creation - rules.

§ 24-33.5-2004. Licensing - application - fee - fireworks licensing cash fund - creation - rules.

(1) No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks for retail until that person first obtains a retailer of fireworks license from the director of the division of fire prevention and control within the department of public safety and the permit, if any, required by section 24-33.5-2003 (1). A retailer's license is valid only for the calendar year in which it is issued, applies to only one retail location, and shall at all times be displayed at the place of business of the licensed retailer.

(2) No person shall sell, deliver, consign, give, or furnish fireworks to a person authorized by section 24-33.5-2003 to discharge fireworks in Colorado until that person first obtains a display retailer of fireworks license from the director of the division of fire prevention and control and the permit, if any, required by section 24-33.5-2003 (1).

(3) No person shall sell, deliver, consign, give, or furnish permissible fireworks to a retailer for resale in Colorado until that person first obtains a wholesaler of fireworks license from the director of the division of fire prevention and control and the permit, if any, required by section 24-33.5-2003 (1).

(4) No person shall sell, deliver, consign, give, or furnish fireworks for export outside of Colorado until that person first obtains an exporter of fireworks license from the director of the division of fire prevention and control and the permit, if any, required by section 24-33.5-2003 (1).

(5) Applications for each display, retail, wholesale, and export license shall be filed with the director of the division of fire prevention and control at least thirty days before the start of activities for which the license is required. Each license is valid through September 1 of the year following the date on which the license was issued.

(6) (a) The director of the division of fire prevention and control shall collect all fees pursuant to this part 20.

(b) All moneys received by the director pursuant to the administration of this part 20 and all interest earned on the moneys shall be deposited in the state treasury in the fireworks licensing cash fund, which fund is hereby created, and the moneys shall be used, subject to annual appropriations by the general assembly, for the purposes set forth in this part 20, and shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund.

(c) (I) The executive director of the department of public safety shall set reasonable fees pursuant to this part 20 at such rates as are necessary to provide for the actual direct and indirect costs and expenses of the department of public safety in the administration of this part 20; except that the fee for a:

(A) Retailer of fireworks license shall not exceed fifty dollars;

(B) Display retailer of fireworks license, a wholesaler of fireworks license, or an exporter of fireworks license shall not exceed one thousand five hundred dollars; and

(II) The rates shall be reviewed annually by the executive director of the department of public safety.

(7) The executive director of the department of public safety shall promulgate rules to implement the provisions of this part 20. The rules may include requirements for the certification of fireworks display operators and pyrotechnic operators, and any other requirements that are reasonably necessary for the safety of workers and the public and the protection of property. The procedure for the promulgation of the rules shall be in accordance with the provisions of section 24-4-103.

(8) Any person aggrieved by a decision or order of the director of the department of public safety may seek judicial review pursuant to the provisions of section 24-4-106.

(9) This section shall take effect July 15, 1991.

Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1023, § 1, effective August 9.

Editor's note: This section is similar to former § 12-28-104 as it existed prior to 2017.