NY Exec L § 156-H (2021)
2021 New York Laws EXC - Executive Article 6-C - Office of Fire Prevention and Control 156-H - Registration and Fees for Manufacturers, Distributors, Wholesalers, and Retailers of Sparkling Devices.

§  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.