Louisiana § RS 51:656 - Permit to sell fireworks; application; fees; permit numbers

§ RS 51:656. Permit to sell fireworks; application; fees; permit numbers

            A. It is unlawful to sell, construct, or manufacture any items of fireworks without first obtaining a retail permit properly issued by the state fire marshal.

            B.(1) Prior to engaging in the sale of fireworks, an applicant shall submit to the state fire marshal an application on a form provided by the state fire marshal, or electronically through the IMS system, on or before June first of each year setting forth any facts and information as the state fire marshal may determine necessary and proper considering the requirements of public health, safety, and welfare. Prior to obtaining and in order to maintain a permit, the facilities of the permittee shall comply with the applicable provisions of the Life Safety Code and subsequent referenced standards as adopted by the state fire marshal pursuant to the provisions of R.S. 40:1578.6.

            (2) The retail permit is effective for purchases of wholesale fireworks, and such permit is effective from the date of issuance through midnight December thirty-first of the applicable year. A retailer's permit shall not be issued pursuant to this Part from June sixteenth through July fifth nor from December fifteenth through January first of each year. All other permits issued pursuant to the provisions of this Section are valid from the date issued through midnight April first of the ensuing permit year. All applications filed after April first will be assessed a late fee equal to the amount of the permit required by this Section.

            C.(1) The applicant shall pay a permit fee for each type of business conducted and for each location at which the business is conducted, according to the following schedule:

            (a)    Manufacturer                                                        $   10,000.00

            (b)    Assembler                                                             $     1,000.00

            (c)    Distributor                                                            $     2,000.00

            (d)    Importer                                                                $        500.00

            (e)    Jobber                                                                   $        250.00

            (f) Retailer                                                               $ 100.00

            (2) Permit fees are due at the time of application to the state fire marshal and shall be used to pay for the cost of processing the application. Permit fees are not refundable if the application is denied.

            (3) The retailer's permit fee imposed under Paragraph (1) of this Subsection shall be used to pay the costs of processing the application and inspecting the retail premises by the office of state fire marshal, code enforcement and building safety.

            D. The state fire marshal shall assign a permit number to each permit issued. The person to whom the permit is issued shall affix this number to all invoices issued or used by each manufacturer, assembler, distributor, importer, jobber, and retailer.

            E. It is unlawful for a jobber or retailer who holds a permit issued pursuant to the provisions of this Part to purchase fireworks from a distributor domiciled outside the state of Louisiana unless that distributor can show proof that he holds a valid permit issued as provided in this Part to perform the functions of a distributor and importer. If the distributor does not hold a valid permit, the jobber or retailer is then liable for the permit and shall immediately purchase a permit from the office of state fire marshal.

            Added by Acts 1958, No. 63, §8; Amended by Acts 1960, No. 424, §2. Acts 1983, 1st Ex. Sess., No. 33, §5, eff. Jan. 19, 1983; Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 1987, No. 401, §1, eff. Jan. 1, 1988; Acts 1991, No. 589, §1; Acts 1991, No. 614, §1; Acts 2001, No. 667, §1, eff. June 25, 2001; Acts 2012, No. 10, §1; Acts 2015, No. 67, §1; Acts 2018, No. 211, §1, eff. May 15, 2018.