K.S.A. § 31-503 — KS Code / Chapter 31 / Article 5 / Section 31-503
31-503 - Licensure to sell or use fireworks, requirements; unlawful actions; permit to conduct fireworks display; fees; annual registration of permanent retailers; adoption of rules and regulations.
Status: in_force

31-503. Licensure to sell or use fireworks, requirements; unlawful actions; permit to conduct fireworks display; fees; annual registration of permanent retailers; adoption of rules and regulations. (a) Any person who intends to sell, offer for sale, possess with intent to sell, any consumer fireworks, display fireworks or articles pyrotechnic or discharge, use, display fireworks or articles pyrotechnic shall first obtain the appropriate license from the state fire marshal. This shall not include seasonal retailers.

(b) The types of license shall be as follows:

(1) Manufacturer;

(2) hobbyist manufacturer;

(3) distributor of display fireworks;

(4) distributor of articles pyrotechnic;

(5) unlimited distributor;

(6) display fireworks operator; and

(7) proximate pyrotechnic operator.

(c) It shall be unlawful for any person to possess, purchase, sell or offer for sale fireworks labeled "For Professional Use Only" that is not a current licensee and in physical possession of a license , issued by the state fire marshal, as a:

( 1) Manufacturer;

(2) hobbyist manufacturer;

(3) distributor of display fireworks;

(4) distributor of articles pyrotechnic;

(5) unlimited distributor;

(6) display fireworks operator; or

(7) proximate pyrotechnic operator.

(d) Before a license holder may operate, such license holder shall satisfy the requirements of this act and regulations adopted by the state fire marshal.

(e) The license holder shall be at least 21 years of age upon applying for a license.

(f) Licenses shall not be transferable.

(g) The state fire marshal shall not charge or collect fees for licensure. The licenses shall be valid for the following period of time:

(1) A manufacturer license shall be valid for a period of one year. A holder of a manufacturer license is not required to have any additional licenses in order to manufacture and sell any fireworks defined by this act.

(2) A hobbyist manufacturer license shall be valid for a period of four years.

(3) A distributor license shall be valid for a period of one year.

(4) A display fireworks operator license shall be valid for a period of four years.

(5) A proximate pyrotechnics operator license shall be valid for a period of four years.

(h) A permit to conduct a fireworks display shall be obtained by the sponsor or operator of a fireworks display from and approved by the city or county where the fireworks display is to be discharged.

(i) No fee shall be charged for a license or permit under this section for any person who is an officer or employee of the state or any political or taxing subdivision of the state when that person is acting on behalf of the state or political or taxing subdivision.

(j) All retail sales or transfers of consumer fireworks shall be made by a registered permanent retailer or a seasonal retailer at a physical location.

(k) Any person who intends to sell consumer fireworks at retail as a permanent retailer shall register annually as a permanent retailer with the state fire marshal. Such registration shall entitle the person to engage in the possession for purposes of retail sale, delivery, consignment, gifting or other distribution at retail of consumer fireworks to any person as a permanent retailer, subject to the provisions, limitations and requirements of this act and regulations of the state fire marshal for a permanent retailer. Registration shall be effective for one year from the date of registration. Registration shall be made in the form and manner as determined by the state fire marshal. Registration requirements shall include submission by a registrant of permanent business contact information, the address of the physical location or locations that retail sales will occur, the time period or periods sales will occur and any other information that may be required by the state fire marshal.

(l) The state fire marshal shall adopt rules and regulations as necessary for the purpose of implementing the provisions of subsections (c), (j) and (k).