Bill Text: OH HB677 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To enable individuals to purchase and use consumer grade fireworks, to extend to December 15, 2018, the moratorium on issuing fireworks manufacturer and wholesaler licenses, and to impose a fee on the retail sale of consumer grade fireworks in this state.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2014-12-01 - To Health and Aging [HB677 Detail]
Download: Ohio-2013-HB677-Introduced.html
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Representatives Johnson, Wachtmann
Cosponsors:
Representatives Henne, Retherford, Becker
To amend sections 1705.48, 3737.51, 3737.71, 3737.99, | 1 |
3743.04, 3743.17, 3743.44, 3743.45, 3743.60, | 2 |
3743.61, 3743.63, 3743.65, 3743.75, 3743.99, | 3 |
5703.052, 5703.053, 5703.19, 5703.70, and 5703.77 | 4 |
and to enact sections 3737.04 to 3737.12, 3743.46, | 5 |
and 3743.47 of the Revised Code to enable | 6 |
individuals to purchase and use consumer grade | 7 |
fireworks, to extend to December 15, 2018, the | 8 |
moratorium on issuing fireworks manufacturer and | 9 |
wholesaler licenses, and to impose a fee on the | 10 |
retail sale of consumer grade fireworks in this | 11 |
state. | 12 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1705.48, 3737.51, 3737.71, 3737.99, | 13 |
3743.04, 3743.17, 3743.44, 3743.45, 3743.60, 3743.61, 3743.63, | 14 |
3743.65, 3743.75, 3743.99, 5703.052, 5703.053, 5703.19, 5703.70, | 15 |
and 5703.77 be amended and sections 3737.04, 3737.05, 3737.06, | 16 |
3737.07, 3737.08, 3737.09, 3737.10, 3737.11, 3737.12, 3743.46, and | 17 |
3743.47 of the Revised Code be enacted to read as follows: | 18 |
Sec. 1705.48. Except as otherwise provided by this chapter | 19 |
or any other provision of the Revised Code, including, but not | 20 |
limited to, sections 3734.908, 3737.10, 5739.33, 5743.57, 5747.07, | 21 |
and 5753.02 of the Revised Code, all of the following apply: | 22 |
(A) The debts, obligations, and liabilities of a limited | 23 |
liability company, whether arising in contract, tort, or | 24 |
otherwise, are solely the debts, obligations, and liabilities of | 25 |
the limited liability company. | 26 |
(B) Neither the members of the limited liability company nor | 27 |
any managers of the limited liability company are personally | 28 |
liable to satisfy any judgment, decree, or order of a court for, | 29 |
or are personally liable to satisfy in any other manner, a debt, | 30 |
obligation, or liability of the company solely by reason of being | 31 |
a member or manager of the limited liability company. | 32 |
(C) Nothing in this chapter affects any personal liability of | 33 |
a member of a limited liability company or any manager of a | 34 |
limited liability company for the member's or manager's own | 35 |
actions or omissions. | 36 |
(D) This chapter does not affect any statutory or common law | 37 |
of this or another state that pertains to the relationship between | 38 |
an individual who renders a professional service and a recipient | 39 |
of that service, including, but not limited to, any contract or | 40 |
tort liability arising out of acts or omissions committed or | 41 |
omitted during the course of rendering the professional service. | 42 |
Sec. 3737.04. Terms used in sections 3737.04 to 3737.12 of | 43 |
the Revised Code have the same meanings as in section 5739.01 of | 44 |
the Revised Code. As used in this section: | 45 |
(A) "1.4G fireworks," "licensed wholesaler," and "licensed | 46 |
manufacturer" have the same meanings as in section 3743.01 of the | 47 |
Revised Code. | 48 |
(B) "Fireworks vendor" means a licensed wholesaler or | 49 |
licensed manufacturer engaged in the sale of 1.4G fireworks in | 50 |
this state that holds a license issued under section 5739.17 of | 51 |
the Revised Code. | 52 |
Sec. 3737.05. For the purpose of providing revenue to fund | 53 |
firefighter training programs and the enforcement and regulation | 54 |
of the fireworks industry, a fee is imposed on the retail sale in | 55 |
this state of 1.4G fireworks sold on and after April 1, 2015. The | 56 |
fee shall equal six per cent of the price of such fireworks. All | 57 |
proceeds from the fee shall be credited to the fireworks fee | 58 |
receipts fund, which is hereby created in the state treasury. | 59 |
After the director of budget and management transfers money from | 60 |
the fireworks fee receipts fund as required in division (C) of | 61 |
section 3737.11 of the Revised Code, money remaining in the | 62 |
fireworks fee receipts fund shall be credited to the fire | 63 |
marshal's fund created in section 3737.71 of the Revised Code. | 64 |
Sec. 3737.06. The tax commissioner shall administer sections | 65 |
3737.04 to 3737.12 of the Revised Code in the same manner as the | 66 |
commissioner administers the tax levied under section 5739.02 of | 67 |
the Revised Code, except as otherwise provided in sections 3737.04 | 68 |
to 3737.12 of the Revised Code. The commissioner may adopt rules | 69 |
as the commissioner finds necessary for the administration and | 70 |
enforcement of the fee imposed by section 3737.05 of the Revised | 71 |
Code. | 72 |
Sec. 3737.07. The requirements, procedures, limitations, and | 73 |
penalties prescribed in Chapter 5703. of the Revised Code apply to | 74 |
the administration, collection, payment, and enforcement of the | 75 |
fee imposed under section 3737.05 of the Revised Code in the same | 76 |
manner and with the same effect as with other laws that the tax | 77 |
commissioner is required to administer and enforce. | 78 |
Sec. 3737.08. (A) The fee imposed by section 3737.05 of the | 79 |
Revised Code shall be paid by a consumer to the fireworks vendor, | 80 |
and each fireworks vendor shall collect from the consumer, as a | 81 |
trustee for the state, the full and exact amount of the fee | 82 |
payable on each sale of 1.4G fireworks in the same manner and at | 83 |
the same times prescribed in section 5739.03 of the Revised Code | 84 |
for the tax levied under section 5739.02 of the Revised Code. | 85 |
(B) Whenever a fireworks vendor refunds the price of 1.4G | 86 |
fireworks on which the fee imposed under section 3737.05 of the | 87 |
Revised Code has been paid, the vendor shall also refund the | 88 |
amount of the fee paid. | 89 |
Sec. 3737.09. (A) Each fireworks vendor shall make and file a | 90 |
return for the preceding month in the form prescribed by the tax | 91 |
commissioner, and shall make payment of the full amount of the fee | 92 |
due for the preceding month. The return shall be signed by the | 93 |
person required to file it, or an authorized employee, officer, or | 94 |
agent. The return is filed when it is received by the tax | 95 |
commissioner. | 96 |
(B) The commissioner may require a fireworks vendor that | 97 |
fails to file such a return within the period prescribed to pay an | 98 |
additional charge of fifty dollars or ten per cent of the fee | 99 |
required to be paid for the reporting period, whichever is | 100 |
greater. The commissioner may collect the additional charge by | 101 |
assessment pursuant to section 3737.10 of the Revised Code. The | 102 |
commissioner may remit all or a portion of the additional charge | 103 |
and may adopt rules relating thereto. | 104 |
(C) If any fee due is not paid timely in accordance with this | 105 |
section, the person liable for the fee under section 3737.10 of | 106 |
the Revised Code shall pay interest, calculated at the rate per | 107 |
annum as prescribed by section 5703.47 of the Revised Code, from | 108 |
the date the fee payment was due to the date of payment or to the | 109 |
date an assessment is issued, whichever occurs first. Interest | 110 |
shall be paid in the same manner as the fee, and the commissioner | 111 |
may collect the interest by assessment pursuant to section 3737.10 | 112 |
of the Revised Code. | 113 |
(D) If, in the estimation of the tax commissioner, the | 114 |
average amount of fees remitted by a fireworks vendor monthly does | 115 |
not merit monthly filing, the commissioner may authorize that | 116 |
vendor to file and pay at less frequent intervals. Returns are due | 117 |
by the twenty-third day of the month following the close of the | 118 |
applicable reporting period authorized under this division. | 119 |
(E) Each fireworks vendor shall keep complete and accurate | 120 |
records of sales of 1.4G fireworks, together with a record of the | 121 |
fee collected on the sales and shall keep all invoices, bills of | 122 |
lading, and other such pertinent documents. The records shall be | 123 |
available for inspection by the commissioner or the commissioner's | 124 |
authorized agent and shall be preserved for four years after the | 125 |
return was due or filed, whichever is later. | 126 |
(F) All money collected by the tax commissioner under this | 127 |
section shall be considered as revenue arising from the fee | 128 |
imposed by section 3737.05 of the Revised Code. | 129 |
Sec. 3737.10. (A) If any fireworks vendor collects the fee | 130 |
imposed by section 3737.05 of the Revised Code and fails to remit | 131 |
the fee to the state as prescribed, the vendor shall be personally | 132 |
liable for any tax collected and not remitted. The tax | 133 |
commissioner may make an assessment against such vendor based upon | 134 |
any information in the commissioner's possession. | 135 |
If any fireworks vendor fails to collect the fee or any | 136 |
consumer fails to pay that fee on any transaction subject to the | 137 |
tax, the vendor or consumer shall be personally liable for the | 138 |
amount of the fee applicable to the transaction. The commissioner | 139 |
may make an assessment against either the fireworks vendor or | 140 |
consumer, as the facts may require, based upon any information in | 141 |
the commissioner's possession. | 142 |
An assessment against a fireworks vendor when the fee has not | 143 |
been collected or paid shall not discharge the consumer's | 144 |
liability to reimburse the fireworks vendor for fees applicable to | 145 |
such transaction. | 146 |
An assessment issued against a fireworks vendor or consumer | 147 |
under this section shall not be considered an election of | 148 |
remedies, nor a bar to an assessment against the other for the fee | 149 |
applicable to the same transaction, provided that no assessment | 150 |
shall be issued against any person for the fee due on a particular | 151 |
transaction if the fee on that transaction actually has been paid | 152 |
by another. | 153 |
The commissioner may make an assessment against any fireworks | 154 |
vendor who fails to file a return or remit the proper amount of | 155 |
fees, or against any consumer who fails to pay the proper amount | 156 |
of fees. When information in the possession of the commissioner | 157 |
indicates that the amount required to be collected or paid under | 158 |
sections 3737.04 to 3737.12 of the Revised Code is greater than | 159 |
the amount remitted by the fireworks vendor or paid by the | 160 |
consumer, the commissioner may audit a sample of the vendor's | 161 |
sales or the consumer's purchases for a representative period and | 162 |
may issue an assessment based on the audit. The commissioner shall | 163 |
make a good faith effort to reach agreement with the vendor or | 164 |
consumer in selecting a representative sample. | 165 |
The commissioner may issue an assessment on any transaction | 166 |
for which a fee imposed by section 3737.05 of the Revised Code was | 167 |
due and unpaid on the date the fireworks vendor or consumer was | 168 |
informed by an agent of the commissioner of an investigation or | 169 |
audit. If the vendor or consumer remits any payment of the fee for | 170 |
the period covered by the assessment after the vendor or consumer | 171 |
was informed of the investigation or audit, the payment shall be | 172 |
credited against the amount of the assessment. | 173 |
The commissioner shall give the party assessed written notice | 174 |
of the assessment in the manner provided in section 5703.37 of the | 175 |
Revised Code. With the notice, the commissioner shall provide | 176 |
instructions on how to petition for reassessment and request a | 177 |
hearing on the petition. | 178 |
(B) A penalty of up to fifteen per cent may be added to all | 179 |
amounts assessed under this section. The commissioner may adopt | 180 |
rules providing for the imposition and remission of the penalties. | 181 |
(C) Unless the person assessed files with the commissioner | 182 |
within sixty days after service of the notice of assessment, | 183 |
either personally or by certified mail, a written petition for | 184 |
reassessment signed by the person assessed or that person's | 185 |
authorized agent having knowledge of the facts, the assessment | 186 |
becomes final and the amount of the assessment is due and payable | 187 |
from the person assessed to the treasurer of state. The petition | 188 |
shall indicate the objections of the person assessed, but | 189 |
additional objections may be raised in writing if received by the | 190 |
commissioner prior to the date shown on the final determination. | 191 |
If the petition has been properly filed, the commissioner shall | 192 |
proceed under section 5703.60 of the Revised Code. | 193 |
(D) After an assessment becomes final, if any portion of the | 194 |
assessment, including accrued interest, remains unpaid, a | 195 |
certified copy of the tax commissioner's entry making the | 196 |
assessment final may be filed in the office of the clerk of the | 197 |
court of common pleas in the county in which the person assessed | 198 |
resides or in which the person's business is conducted. If the | 199 |
person assessed maintains no place of business in this state and | 200 |
is not a resident of this state, the certified copy of the entry | 201 |
may be filed in the office of the clerk of the court of common | 202 |
pleas of Franklin county. | 203 |
Immediately upon the filing of the entry, the clerk shall | 204 |
enter a judgment for the state against the person assessed in the | 205 |
amount shown on the entry. The judgment may be filed by the clerk | 206 |
in a loose-leaf book entitled "special judgments for state | 207 |
fireworks fee," and shall have the same effect as other judgments. | 208 |
Execution shall issue upon the judgment upon the request of the | 209 |
tax commissioner, and all laws applicable to sales on execution | 210 |
shall apply to sales made under the judgment. | 211 |
If the assessment is not paid in its entirety within sixty | 212 |
days after the day the assessment was issued, the portion of the | 213 |
assessment consisting of the fee due shall bear interest at the | 214 |
rate per annum prescribed by section 5703.47 of the Revised Code | 215 |
from the day the commissioner issues the assessment until the day | 216 |
the assessment is paid or until it is certified to the attorney | 217 |
general for collection under section 131.02 of the Revised Code, | 218 |
whichever comes first. If the unpaid portion of the assessment is | 219 |
certified to the attorney general for collection, the entire | 220 |
unpaid portion of the assessment shall bear interest at the rate | 221 |
per annum prescribed by section 5703.47 of the Revised Code from | 222 |
the date of certification until the date it is paid in its | 223 |
entirety. Interest shall be paid in the same manner as the fee and | 224 |
may be collected by the issuance of an assessment under this | 225 |
section. | 226 |
(E) If the commissioner believes that collection of the fee | 227 |
will be jeopardized unless proceedings to collect or secure | 228 |
collection of the fee are instituted without delay, the | 229 |
commissioner may issue a jeopardy assessment against the consumer | 230 |
or the fireworks vendor liable for paying or remitting the fee. | 231 |
Immediately upon the issuance of the jeopardy assessment, the | 232 |
commissioner shall file an entry with the clerk of the court of | 233 |
common pleas in the manner prescribed by division (D) of this | 234 |
section. Notice of the jeopardy assessment shall be served on the | 235 |
person assessed or the person's legal representative, as provided | 236 |
in section 5703.37 of the Revised Code, within five days of the | 237 |
filing of the entry with the clerk. The total amount assessed is | 238 |
immediately due and payable, unless the person assessed files a | 239 |
petition for reassessment in accordance with division (C) of this | 240 |
section and provides security in a form satisfactory to the | 241 |
commissioner and in an amount sufficient to satisfy the unpaid | 242 |
balance of the assessment. Full or partial payment of the | 243 |
assessment does not prejudice the commissioner's consideration of | 244 |
the petition for reassessment. | 245 |
(F) If any corporation, limited liability company, or | 246 |
business trust required to file returns pursuant to section | 247 |
3737.09 of the Revised Code fails to remit to the state any fee | 248 |
due under section 3737.05 of the Revised Code, any of its | 249 |
employees having control or supervision of or charged with the | 250 |
responsibility of filing returns and making payments, and any of | 251 |
its officers, members, managers, trustees, or other persons who | 252 |
are responsible for the execution of the corporation's, limited | 253 |
liability company's, or business trust's fiscal responsibilities, | 254 |
is personally liable for the failure to remit the fee. The | 255 |
dissolution, termination, or bankruptcy of the corporation, | 256 |
limited liability company, or business trust does not discharge a | 257 |
responsible person's liability for the corporation's, limited | 258 |
liability company's, or business trust's failure to remit the fee | 259 |
due. The tax commissioner may assess a responsible person under | 260 |
this section. | 261 |
(G) Except for assessments against responsible persons under | 262 |
division (F) of this section, no assessment of the fee imposed by | 263 |
section 3737.05 of the Revised Code shall be made by the tax | 264 |
commissioner more than four years after the date on which the | 265 |
return for the period assessed was due or was filed, whichever | 266 |
date is later. This section does not bar an assessment when any of | 267 |
the following occur: | 268 |
(1) The person assessed failed to file a return required by | 269 |
section 3737.09 of the Revised Code; | 270 |
(2) The person assessed knowingly filed a false or fraudulent | 271 |
return; | 272 |
(3) The person assessed and the tax commissioner have waived | 273 |
in writing the time limitation. | 274 |
(H) All money collected by the tax commissioner under this | 275 |
section shall be considered as revenue arising from the fee | 276 |
imposed by section 3737.05 of the Revised Code. | 277 |
Sec. 3737.11. (A) The tax commissioner shall refund the fee | 278 |
imposed by section 3737.05 of the Revised Code paid illegally or | 279 |
erroneously, or paid on an illegal or erroneous assessment in the | 280 |
same manner prescribed under section 5739.07 of the Revised Code | 281 |
for the tax levied under section 5739.02 of the Revised Code. | 282 |
Applications for refund shall be filed with the tax commissioner | 283 |
on a form prescribed by the commissioner, within four years of the | 284 |
illegal or erroneous payment of the fee. | 285 |
On the filing of the application, the commissioner shall | 286 |
determine the amount of refund to which the applicant is entitled. | 287 |
If the amount is not less than that claimed, the commissioner | 288 |
shall certify the amount to the director of budget and management | 289 |
for payment from the tax refund fund created by section 5703.052 | 290 |
of the Revised Code. If the amount is less than that claimed, the | 291 |
commissioner shall proceed in accordance with section 5703.70 of | 292 |
the Revised Code. | 293 |
The certified amount shall include interest calculated at the | 294 |
rate per annum prescribed by section 5703.47 of the Revised Code | 295 |
from the date of overpayment to the date of the commissioner's | 296 |
certification. | 297 |
(B) If any person entitled to a refund of fees under this | 298 |
section or section 5703.70 of the Revised Code is indebted to the | 299 |
state for any tax or fee administered by the tax commissioner, or | 300 |
any charge, penalties, or interest arising from such a tax or fee, | 301 |
the amount allowable on the application for refund first shall be | 302 |
applied in satisfaction of the debt. | 303 |
(C) The director of budget and management shall transfer from | 304 |
the fireworks fee receipts fund to the tax refund fund amounts | 305 |
equal to the refunds certified by the commissioner under this | 306 |
section. | 307 |
Sec. 3737.12. No person shall fail to file any return or | 308 |
report required to be filed under section 3737.09 of the Revised | 309 |
Code, or file or cause to be filed any incomplete, false, or | 310 |
fraudulent return, report, or statement, or aid or abet another in | 311 |
the filing of any false or fraudulent return, report, or | 312 |
statement. | 313 |
Sec. 3737.51. (A) No person shall knowingly violate any | 314 |
provision of the state fire code or any order made pursuant to it. | 315 |
(B) Any person who has received a citation for a serious | 316 |
violation of the fire code or any order issued pursuant to it, | 317 |
shall be assessed a civil penalty of not more than one thousand | 318 |
dollars for each such violation. | 319 |
(C) Any person who has received a citation for a violation of | 320 |
the fire code or any order issued pursuant to it, and such | 321 |
violation is specifically determined not to be of a serious | 322 |
nature, may be assessed a civil penalty of not more than one | 323 |
thousand dollars for each such violation. | 324 |
(D) Any person who fails to correct a violation for which a | 325 |
citation has been issued within the period permitted for its | 326 |
correction, may be assessed a civil penalty of not more than one | 327 |
thousand dollars for each day during which such failure or | 328 |
violation continues. | 329 |
(E) Any person who violates any of the posting requirements, | 330 |
as prescribed by division (C) of section 3737.42 of the Revised | 331 |
Code, shall be assessed a civil penalty of not more than one | 332 |
thousand dollars for each violation. | 333 |
(F) Due consideration to the appropriateness of the penalty | 334 |
with respect to the gravity of the violation, the good faith of | 335 |
the person being charged, and the history of previous violations | 336 |
shall be given whenever a penalty is assessed under this chapter. | 337 |
(G) For purposes of this section, a serious violation shall | 338 |
be considered to exist if there is a substantial probability that | 339 |
an occurrence causing death or serious physical harm to persons | 340 |
could result from a condition which exists, or from one or more | 341 |
practices, means, methods, operations, or processes which have | 342 |
been adopted or are in use, unless the person did not and could | 343 |
not with the exercise of reasonable diligence, know of the | 344 |
presence of the violation. | 345 |
(H) Civil penalties imposed by this chapter, except penalties | 346 |
imposed under sections 3737.04 to 3737.12 of the Revised Code, | 347 |
shall be paid to the fire marshal for deposit into the general | 348 |
revenue fund. Such penalties may be recovered in a civil action in | 349 |
the name of the state brought in the court of common pleas of the | 350 |
county where the violation is alleged to have occurred. | 351 |
Sec. 3737.71. Each insurance company doing business in this | 352 |
state shall pay to the state in installments, at the time of | 353 |
making the payments required by section 5729.05 of the Revised | 354 |
Code, in addition to the taxes required to be paid by it, | 355 |
three-fourths of one per cent on the gross premium receipts | 356 |
derived from fire insurance and that portion of the premium | 357 |
reasonably allocable to insurance against the hazard of fire | 358 |
included in other coverages except life and sickness and accident | 359 |
insurance, after deducting return premiums paid and considerations | 360 |
received for reinsurances as shown by the annual statement of such | 361 |
company made pursuant to sections 3929.30, 3931.06, and 5729.02 of | 362 |
the Revised Code. The money received shall be paid into the state | 363 |
treasury to the credit of the state fire marshal's fund, which is | 364 |
hereby created. The fund shall be used for the maintenance and | 365 |
administration of the office of the fire marshal and the Ohio fire | 366 |
academy established by section 3737.33 of the Revised Code, except | 367 |
for any balance credited to the fund from the fee imposed by | 368 |
section 3737.05 of the Revised Code. Five-sixths of the balance | 369 |
credited to the fund from that fee shall be used solely to fund | 370 |
firefighter training programs and one-sixth of that balance shall | 371 |
be used solely to fund activities and operations of the fire | 372 |
marshal related to the regulation and enforcement of the fireworks | 373 |
industry. If the director of commerce certifies to the director of | 374 |
budget and management that the cash balance in the state fire | 375 |
marshal's fund, exclusive of any balance credited to the fund from | 376 |
the fee imposed by section 3737.05 of the Revised Code, is in | 377 |
excess of the amount needed to pay ongoing operating expenses, the | 378 |
director of commerce, with the approval of the director of budget | 379 |
and management, may use the excess amount to acquire by purchase, | 380 |
lease, or otherwise, real property or interests in real property | 381 |
to be used for the benefit of the office of the state fire | 382 |
marshal, or to construct, acquire, enlarge, equip, furnish, or | 383 |
improve the fire marshal's office facilities or the facilities of | 384 |
the Ohio fire academy. The state fire marshal's fund shall be | 385 |
assessed a proportionate share of the administrative costs of the | 386 |
department of commerce in accordance with procedures prescribed by | 387 |
the director of commerce and approved by the director of budget | 388 |
and management. Such assessment shall be paid from the state fire | 389 |
marshal's fund to the division of administration fund. | 390 |
Notwithstanding any other provision in this section, if the | 391 |
director of budget and management determines at any time that the | 392 |
money in the state fire marshal's fund exceeds the amount | 393 |
necessary to defray ongoing operating expenses in a fiscal year, | 394 |
the director may transfer the excess, exclusive of any balance | 395 |
credited to the fund from the fee imposed by section 3737.05 of | 396 |
the Revised Code, to the general revenue fund. | 397 |
Sec. 3737.99. (A) Whoever violates section 3737.28 of the | 398 |
Revised Code may be summarily punished, by the officer concerned, | 399 |
by a fine of not more than one hundred dollars or commitment to | 400 |
the county jail until that person is willing to comply with the | 401 |
order of such officer. | 402 |
(B) Except as a violation of section 2923.17 of the Revised | 403 |
Code involves subject matter covered by the state fire code and | 404 |
except as such a violation is covered by division (G) of this | 405 |
section, whoever violates division (A) of section 3737.51 of the | 406 |
Revised Code is guilty of a misdemeanor of the first degree. | 407 |
(C) Whoever violates section 3737.61 of the Revised Code is | 408 |
guilty of a minor misdemeanor. | 409 |
(D) Whoever violates section 3737.62 or 3737.64 of the | 410 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 411 |
(E) Whoever violates section 3737.63 or division (A) or (B) | 412 |
of section 3737.65 of the Revised Code is guilty of a misdemeanor | 413 |
of the third degree. | 414 |
(F) Whoever violates division (C)(3) or (D)(5) of section | 415 |
3737.73 of the Revised Code shall be fined one thousand dollars. | 416 |
(G) Whoever violates section 3737.66 of the Revised Code is | 417 |
guilty of a misdemeanor of the first degree. | 418 |
(H) Whoever knowingly violates division (C) of section | 419 |
3737.882 of the Revised Code is guilty of an unclassified felony | 420 |
and shall be fined not more than twenty-five thousand dollars or | 421 |
imprisoned for not more than fourteen months, or both. Whoever | 422 |
recklessly violates division (C) of section 3737.882 of the | 423 |
Revised Code is guilty of a misdemeanor of the first degree. | 424 |
(I) Whoever knowingly violates division (F)(1), (2), or (3) | 425 |
of section 3737.881 or section 3737.93 of the Revised Code is | 426 |
guilty of a misdemeanor of the fourth degree. | 427 |
(J) Whoever knowingly violates division (B) or (C) of section | 428 |
3737.91 of the Revised Code is guilty of a misdemeanor of the | 429 |
second degree. | 430 |
(K) Except as prescribed in division (L) of this section, | 431 |
whoever knowingly violates any provision of section 3737.08, | 432 |
3737.09, 3737.10, or 3737.12 of the Revised Code, or any rule | 433 |
adopted by the tax commissioner under section 3737.06, 3737.09, or | 434 |
3737.10 of the Revised Code, is guilty of a misdemeanor of the | 435 |
first degree on a first offense; on each subsequent offense, the | 436 |
person is guilty of a felony of the fourth degree. | 437 |
(L) Whoever violates section 3737.09 of the Revised Code by | 438 |
failing to remit to the state fees collected under section 3737.05 | 439 |
of the Revised Code is guilty of a felony of the fourth degree and | 440 |
shall suffer the loss of the person's vendor's license issued | 441 |
under section 5739.17 of the Revised Code. A person shall not be | 442 |
eligible for a vendor's license for two years following | 443 |
conviction. | 444 |
Sec. 3743.04. (A) The license of a manufacturer of fireworks | 445 |
is effective for one year beginning on the first day of December. | 446 |
The state fire marshal shall issue or renew a license only on that | 447 |
date and at no other time. If a manufacturer of fireworks wishes | 448 |
to continue manufacturing fireworks at the designated fireworks | 449 |
plant after its then effective license expires, it shall apply no | 450 |
later than the first day of October for a new license pursuant to | 451 |
section 3743.02 of the Revised Code. The state fire marshal shall | 452 |
send a written notice of the expiration of its license to a | 453 |
licensed manufacturer at least three months before the expiration | 454 |
date. | 455 |
(B) If, during the effective period of its licensure, a | 456 |
licensed manufacturer of fireworks wishes to construct, locate, or | 457 |
relocate any buildings or other structures on the premises of its | 458 |
fireworks plant, to make any structural change or renovation in | 459 |
any building or other structure on the premises of its fireworks | 460 |
plant, or to change the nature of its manufacturing of fireworks | 461 |
so as to include the processing of fireworks, the manufacturer | 462 |
shall notify the state fire marshal in writing. The state fire | 463 |
marshal may require a licensed manufacturer also to submit | 464 |
documentation, including, but not limited to, plans covering the | 465 |
proposed construction, location, relocation, structural change or | 466 |
renovation, or change in manufacturing of fireworks, if the state | 467 |
fire marshal determines the documentation is necessary for | 468 |
evaluation purposes in light of the proposed construction, | 469 |
location, relocation, structural change or renovation, or change | 470 |
in manufacturing of fireworks. | 471 |
Upon receipt of the notification and additional documentation | 472 |
required by the state fire marshal, the state fire marshal shall | 473 |
inspect the premises of the fireworks plant to determine if the | 474 |
proposed construction, location, relocation, structural change or | 475 |
renovation, or change in manufacturing of fireworks conforms to | 476 |
sections 3743.02 to 3743.08 of the Revised Code and the rules | 477 |
adopted by the state fire marshal pursuant to section 3743.05 of | 478 |
the Revised Code. The state fire marshal shall issue a written | 479 |
authorization to the manufacturer for the construction, location, | 480 |
relocation, structural change or renovation, or change in | 481 |
manufacturing of fireworks if the state fire marshal determines, | 482 |
upon the inspection and a review of submitted documentation, that | 483 |
the construction, location, relocation, structural change or | 484 |
renovation, or change in manufacturing of fireworks conforms to | 485 |
those sections and rules. Upon authorizing a change in | 486 |
manufacturing of fireworks to include the processing of fireworks, | 487 |
the state fire marshal shall make notations on the manufacturer's | 488 |
license and in the list of licensed manufacturers in accordance | 489 |
with section 3743.03 of the Revised Code. | 490 |
On or before June 1, 1998, a licensed manufacturer shall | 491 |
install, in every licensed building in which fireworks are | 492 |
manufactured, stored, or displayed and to which the public has | 493 |
access, interlinked fire detection, smoke exhaust, and smoke | 494 |
evacuation systems that are approved by the superintendent of | 495 |
industrial compliance, and shall comply with floor plans showing | 496 |
occupancy load limits and internal circulation and egress patterns | 497 |
that are approved by the state fire marshal and superintendent, | 498 |
and that are submitted under seal as required by section 3791.04 | 499 |
of the Revised Code. Notwithstanding section 3743.59 of the | 500 |
Revised Code, the construction and safety requirements established | 501 |
in this division are not subject to any variance, waiver, or | 502 |
exclusion. | 503 |
(C) The license of a manufacturer of fireworks authorizes the | 504 |
manufacturer to engage only in the following activities: | 505 |
(1) The manufacturing of fireworks on the premises of the | 506 |
fireworks plant as described in the application for licensure or | 507 |
in the notification submitted under division (B) of this section, | 508 |
except that a licensed manufacturer shall not engage in the | 509 |
processing of fireworks unless authorized to do so by its license. | 510 |
(2) To possess for sale at wholesale and sell at wholesale | 511 |
the fireworks manufactured by the manufacturer, to persons who are | 512 |
licensed wholesalers of fireworks, to | 513 |
persons in accordance with | 514 |
515 | |
516 | |
another state provided the fireworks are shipped directly out of | 517 |
this state to them by the manufacturer. A person who is licensed | 518 |
as a manufacturer of fireworks on June 14, 1988, also may possess | 519 |
for sale and sell pursuant to division (C)(2) of this section | 520 |
fireworks other than those the person manufactures. The possession | 521 |
for sale shall be on the premises of the fireworks plant described | 522 |
in the application for licensure or in the notification submitted | 523 |
under division (B) of this section, and the sale shall be from the | 524 |
inside of a licensed building and from no other structure or | 525 |
device outside a licensed building. At no time shall a licensed | 526 |
manufacturer sell any class of fireworks outside a licensed | 527 |
building. | 528 |
(3) Possess for sale at retail and sell at retail the | 529 |
fireworks manufactured by the manufacturer, other than 1.4G | 530 |
fireworks as designated by the state fire marshal in rules adopted | 531 |
pursuant to division (A) of section 3743.05 of the Revised Code, | 532 |
to licensed exhibitors in accordance with sections 3743.50 to | 533 |
3743.55 of the Revised Code, and possess for sale at retail and | 534 |
sell at retail the fireworks manufactured by the manufacturer, | 535 |
including 1.4G fireworks, to | 536 |
accordance with | 537 |
538 | |
3743.46 of the Revised Code, or to persons located in another | 539 |
state provided the fireworks are shipped directly out of this | 540 |
state to them by the manufacturer. A person who is licensed as a | 541 |
manufacturer of fireworks on June 14, 1988, may also possess for | 542 |
sale and sell pursuant to division (C)(3) of this section | 543 |
fireworks other than those the person manufactures. The possession | 544 |
for sale shall be on the premises of the fireworks plant described | 545 |
in the application for licensure or in the notification submitted | 546 |
under division (B) of this section, and the sale shall be from the | 547 |
inside of a licensed building and from no other structure or | 548 |
device outside a licensed building. At no time shall a licensed | 549 |
manufacturer sell any class of fireworks outside a licensed | 550 |
building. | 551 |
A licensed manufacturer of fireworks shall sell under | 552 |
division (C) of this section only fireworks that meet the | 553 |
standards set by the consumer product safety commission or by the | 554 |
American fireworks standard laboratories or that have received an | 555 |
EX number from the United States department of transportation. | 556 |
(D) The license of a manufacturer of fireworks shall be | 557 |
protected under glass and posted in a conspicuous place on the | 558 |
premises of the fireworks plant. Except as otherwise provided in | 559 |
this division, the license is not transferable or assignable. A | 560 |
license may be transferred to another person for the same | 561 |
fireworks plant for which the license was issued if the assets of | 562 |
the plant are transferred to that person by inheritance or by a | 563 |
sale approved by the state fire marshal. The license is subject to | 564 |
revocation in accordance with section 3743.08 of the Revised Code. | 565 |
(E) The state fire marshal shall not place the license of a | 566 |
manufacturer of fireworks in a temporarily inactive status while | 567 |
the holder of the license is attempting to qualify to retain the | 568 |
license. | 569 |
(F) Each licensed manufacturer of fireworks that possesses | 570 |
fireworks for sale and sells fireworks under division (C) of | 571 |
section 3743.04 of the Revised Code, or a designee of the | 572 |
manufacturer, whose identity is provided to the state fire marshal | 573 |
by the manufacturer, annually shall attend a continuing education | 574 |
program. The state fire marshal shall develop the program and the | 575 |
state fire marshal or a person or public agency approved by the | 576 |
state fire marshal shall conduct it. A licensed manufacturer or | 577 |
the manufacturer's designee who attends a program as required | 578 |
under this division, within one year after attending the program, | 579 |
shall conduct in-service training as approved by the state fire | 580 |
marshal for other employees of the licensed manufacturer regarding | 581 |
the information obtained in the program. A licensed manufacturer | 582 |
shall provide the state fire marshal with notice of the date, | 583 |
time, and place of all in-service training. For any program | 584 |
conducted under this division, the state fire marshal shall, in | 585 |
accordance with rules adopted by the state fire marshal under | 586 |
Chapter 119. of the Revised Code, establish the subjects to be | 587 |
taught, the length of classes, the standards for approval, and | 588 |
time periods for notification by the licensee to the state fire | 589 |
marshal of any in-service training. | 590 |
(G) A licensed manufacturer shall maintain comprehensive | 591 |
general liability insurance coverage in the amount and type | 592 |
specified under division (B)(2) of section 3743.02 of the Revised | 593 |
Code at all times. Each policy of insurance required under this | 594 |
division shall contain a provision requiring the insurer to give | 595 |
not less than fifteen days' prior written notice to the state fire | 596 |
marshal before termination, lapse, or cancellation of the policy, | 597 |
or any change in the policy that reduces the coverage below the | 598 |
minimum required under this division. Prior to canceling or | 599 |
reducing the amount of coverage of any comprehensive general | 600 |
liability insurance coverage required under this division, a | 601 |
licensed manufacturer shall secure supplemental insurance in an | 602 |
amount and type that satisfies the requirements of this division | 603 |
so that no lapse in coverage occurs at any time. A licensed | 604 |
manufacturer who secures supplemental insurance shall file | 605 |
evidence of the supplemental insurance with the state fire marshal | 606 |
prior to canceling or reducing the amount of coverage of any | 607 |
comprehensive general liability insurance coverage required under | 608 |
this division. | 609 |
(H) The state fire marshal shall adopt rules for the | 610 |
expansion or contraction of a licensed premises and for approval | 611 |
of such expansions or contractions. The boundaries of a licensed | 612 |
premises, including any geographic expansion or contraction of | 613 |
those boundaries, shall be approved by the state fire marshal in | 614 |
accordance with rules the state fire marshal adopts. If the | 615 |
licensed premises consists of more than one parcel of real estate, | 616 |
those parcels shall be contiguous unless an exception is allowed | 617 |
pursuant to division (I) of this section. | 618 |
(I)(1) A licensed manufacturer may expand its licensed | 619 |
premises within this state to include not more than two storage | 620 |
locations that are located upon one or more real estate parcels | 621 |
that are noncontiguous to the licensed premises as that licensed | 622 |
premises exists on the date a licensee submits an application as | 623 |
described below, if all of the following apply: | 624 |
(a) The licensee submits an application to the state fire | 625 |
marshal and an application fee of one hundred dollars per storage | 626 |
location for which the licensee is requesting approval. | 627 |
(b) The identity of the holder of the license remains the | 628 |
same at the storage location. | 629 |
(c) The storage location has received a valid certificate of | 630 |
zoning compliance as applicable and a valid certificate of | 631 |
occupancy for each building or structure at the storage location | 632 |
issued by the authority having jurisdiction to issue the | 633 |
certificate for the storage location, and those certificates | 634 |
permit the distribution and storage of fireworks regulated under | 635 |
this chapter at the storage location and in the buildings or | 636 |
structures. The storage location shall be in compliance with all | 637 |
other applicable federal, state, and local laws and regulations. | 638 |
(d) Every building or structure located upon the storage | 639 |
location is separated from occupied residential and nonresidential | 640 |
buildings or structures, railroads, highways, or any other | 641 |
buildings or structures on the licensed premises in accordance | 642 |
with the distances specified in the rules adopted by the state | 643 |
fire marshal pursuant to section 3743.05 of the Revised Code. | 644 |
(e) Neither the licensee nor any person holding, owning, or | 645 |
controlling a five per cent or greater beneficial or equity | 646 |
interest in the licensee has been convicted of or pleaded guilty | 647 |
to a felony under the laws of this state, any other state, or the | 648 |
United States, after September 29, 2005. | 649 |
(f) The state fire marshal approves the application for | 650 |
expansion. | 651 |
(2) The state fire marshal shall approve an application for | 652 |
expansion requested under division (I)(1) of this section if the | 653 |
state fire marshal receives the application fee and proof that the | 654 |
requirements of divisions (I)(1)(b) to (e) of this section are | 655 |
satisfied. The storage location shall be considered part of the | 656 |
original licensed premises and shall use the same distinct number | 657 |
assigned to the original licensed premises with any additional | 658 |
designations as the state fire marshal deems necessary in | 659 |
accordance with section 3743.03 of the Revised Code. | 660 |
(J)(1) A licensee who obtains approval for the use of a | 661 |
storage location in accordance with division (I) of this section | 662 |
shall use the storage location exclusively for the following | 663 |
activities, in accordance with division (C) of this section: | 664 |
(a) The packaging, assembling, or storing of fireworks, which | 665 |
shall only occur in buildings or structures approved for such | 666 |
hazardous uses by the building code official having jurisdiction | 667 |
for the storage location or, for 1.4G fireworks, in containers or | 668 |
trailers approved for such hazardous uses by the state fire | 669 |
marshal if such containers or trailers are not subject to | 670 |
regulation by the building code adopted in accordance with Chapter | 671 |
3781. of the Revised Code. All such storage shall be in accordance | 672 |
with the rules adopted by the state fire marshal under division | 673 |
(G) of section 3743.05 of the Revised Code for the packaging, | 674 |
assembling, and storage of fireworks. | 675 |
(b) Distributing fireworks to other parcels of real estate | 676 |
located on the manufacturer's licensed premises, to licensed | 677 |
wholesalers or other licensed manufacturers in this state or to | 678 |
similarly licensed persons located in another state or country; | 679 |
(c) Distributing fireworks to a licensed exhibitor of | 680 |
fireworks pursuant to a properly issued permit in accordance with | 681 |
section 3743.54 of the Revised Code. | 682 |
(2) A licensed manufacturer shall not engage in any sales | 683 |
activity, including the retail sale of fireworks otherwise | 684 |
permitted under division (C)(2) or (C)(3) of this section, or | 685 |
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the | 686 |
storage location approved under this section. | 687 |
(3) A storage location may not be relocated for a minimum | 688 |
period of five years after the storage location is approved by the | 689 |
state fire marshal in accordance with division (I) of this | 690 |
section. | 691 |
(K) The licensee shall prohibit public access to the storage | 692 |
location. The state fire marshal shall adopt rules to describe the | 693 |
acceptable measures a manufacturer shall use to prohibit access to | 694 |
the storage site. | 695 |
Sec. 3743.17. (A) The license of a wholesaler of fireworks | 696 |
is effective for one year beginning on the first day of December. | 697 |
The state fire marshal shall issue or renew a license only on that | 698 |
date and at no other time. If a wholesaler of fireworks wishes to | 699 |
continue engaging in the wholesale sale of fireworks at the | 700 |
particular location after its then effective license expires, it | 701 |
shall apply not later than the first day of October for a new | 702 |
license pursuant to section 3743.15 of the Revised Code. The state | 703 |
fire marshal shall send a written notice of the expiration of its | 704 |
license to a licensed wholesaler at least three months before the | 705 |
expiration date. | 706 |
(B) If, during the effective period of its licensure, a | 707 |
licensed wholesaler of fireworks wishes to perform any | 708 |
construction, or make any structural change or renovation, on the | 709 |
premises on which the fireworks are sold, the wholesaler shall | 710 |
notify the state fire marshal in writing. The state fire marshal | 711 |
may require a licensed wholesaler also to submit documentation, | 712 |
including, but not limited to, plans covering the proposed | 713 |
construction or structural change or renovation, if the state fire | 714 |
marshal determines the documentation is necessary for evaluation | 715 |
purposes in light of the proposed construction or structural | 716 |
change or renovation. | 717 |
Upon receipt of the notification and additional documentation | 718 |
required by the state fire marshal, the state fire marshal shall | 719 |
inspect the premises on which the fireworks are sold to determine | 720 |
if the proposed construction or structural change or renovation | 721 |
conforms to sections 3743.15 to 3743.21 of the Revised Code and | 722 |
the rules adopted by the state fire marshal pursuant to section | 723 |
3743.18 of the Revised Code. The state fire marshal shall issue a | 724 |
written authorization to the wholesaler for the construction or | 725 |
structural change or renovation if the state fire marshal | 726 |
determines, upon the inspection and a review of submitted | 727 |
documentation, that the construction or structural change or | 728 |
renovation conforms to those sections and rules. | 729 |
(C) The license of a wholesaler of fireworks authorizes the | 730 |
wholesaler to engage only in the following activities: | 731 |
(1) Possess for sale at wholesale and sell at wholesale | 732 |
fireworks to persons who are licensed wholesalers of fireworks, to | 733 |
734 | |
3743.44 | 735 |
736 | |
to persons located in another state provided the fireworks are | 737 |
shipped directly out of this state to them by the wholesaler. The | 738 |
possession for sale shall be at the location described in the | 739 |
application for licensure or in the notification submitted under | 740 |
division (B) of this section, and the sale shall be from the | 741 |
inside of a licensed building and from no structure or device | 742 |
outside a licensed building. At no time shall a licensed | 743 |
wholesaler sell any class of fireworks outside a licensed | 744 |
building. | 745 |
(2) Possess for sale at retail and sell at retail fireworks, | 746 |
other than 1.4G fireworks as designated by the state fire marshal | 747 |
in rules adopted pursuant to division (A) of section 3743.05 of | 748 |
the Revised Code, to licensed exhibitors in accordance with | 749 |
sections 3743.50 to 3743.55 of the Revised Code, and possess for | 750 |
sale at retail and sell at retail fireworks, including 1.4G | 751 |
fireworks, to
| 752 |
753 | |
754 | |
Code, or to persons located in another state provided the | 755 |
fireworks are shipped directly out of this state to them by the | 756 |
wholesaler. The possession for sale shall be at the location | 757 |
described in the application for licensure or in the notification | 758 |
submitted under division (B) of this section, and the sale shall | 759 |
be from the inside of the licensed building and from no other | 760 |
structure or device outside this licensed building. At no time | 761 |
shall a licensed wholesaler sell any class of fireworks outside a | 762 |
licensed building. | 763 |
A licensed wholesaler of fireworks shall sell under division | 764 |
(C) of this section only fireworks that meet the standards set by | 765 |
the consumer product safety commission or by the American | 766 |
fireworks standard laboratories or that have received an EX number | 767 |
from the United States department of transportation. | 768 |
(D) The license of a wholesaler of fireworks shall be | 769 |
protected under glass and posted in a conspicuous place at the | 770 |
location described in the application for licensure or in the | 771 |
notification submitted under division (B) of this section. Except | 772 |
as otherwise provided in this section, the license is not | 773 |
transferable or assignable. A license may be transferred to | 774 |
another person for the same location for which the license was | 775 |
issued if the assets of the wholesaler are transferred to that | 776 |
person by inheritance or by a sale approved by the state fire | 777 |
marshal. The license is subject to revocation in accordance with | 778 |
section 3743.21 of the Revised Code. | 779 |
(E) The state fire marshal shall adopt rules for the | 780 |
expansion or contraction of a licensed premises and for the | 781 |
approval of an expansion or contraction. The boundaries of a | 782 |
licensed premises, including any geographic expansion or | 783 |
contraction of those boundaries, shall be approved by the state | 784 |
fire marshal in accordance with rules the state fire marshal | 785 |
adopts. If the licensed premises of a licensed wholesaler from | 786 |
which the wholesaler operates consists of more than one parcel of | 787 |
real estate, those parcels must be contiguous, unless an exception | 788 |
is allowed pursuant to division (G) of this section. | 789 |
(F)(1) Upon application by a licensed wholesaler of | 790 |
fireworks, a wholesaler license may be transferred from one | 791 |
geographic location to another within the same municipal | 792 |
corporation or within the unincorporated area of the same | 793 |
township, but only if all of the following apply: | 794 |
(a) The identity of the holder of the license remains the | 795 |
same in the new location. | 796 |
(b) The former location is closed prior to the opening of the | 797 |
new location and no fireworks business of any kind is conducted at | 798 |
the former location after the transfer of the license. | 799 |
(c) The new location has received a local certificate of | 800 |
zoning compliance and a local certificate of occupancy, and | 801 |
otherwise is in compliance with all local building regulations. | 802 |
(d) Every building or structure at the new location is | 803 |
separated from occupied residential and nonresidential buildings | 804 |
or structures, railroads, highways, or any other buildings or | 805 |
structures located on the licensed premises in accordance with the | 806 |
distances specified in the rules adopted by the state fire marshal | 807 |
pursuant to section 3743.18 of the Revised Code. If the licensee | 808 |
fails to comply with the requirements of division (F)(1)(d) of | 809 |
this section by the licensee's own act, the license at the new | 810 |
location is forfeited. | 811 |
(e) Neither the licensee nor any person holding, owning, or | 812 |
controlling a five per cent or greater beneficial or equity | 813 |
interest in the licensee has been convicted of or has pleaded | 814 |
guilty to a felony under the laws of this state, any other state, | 815 |
or the United States after June 30, 1997. | 816 |
(f) The state fire marshal approves the request for the | 817 |
transfer. | 818 |
(2) The new location shall comply with the requirements | 819 |
specified in divisions (C)(1) and (2) of section 3743.25 of the | 820 |
Revised Code whether or not the fireworks showroom at the new | 821 |
location is constructed, expanded, or first begins operating on | 822 |
and after June 30, 1997. | 823 |
(G)(1) A licensed wholesaler may expand its licensed premises | 824 |
within this state to include not more than two storage locations | 825 |
that are located upon one or more real estate parcels that are | 826 |
noncontiguous to the licensed premises as that licensed premises | 827 |
exists on the date a licensee submits an application as described | 828 |
below, if all of the following apply: | 829 |
(a) The licensee submits an application to the state fire | 830 |
marshal requesting the expansion and an application fee of one | 831 |
hundred dollars per storage location for which the licensee is | 832 |
requesting approval. | 833 |
(b) The identity of the holder of the license remains the | 834 |
same at the storage location. | 835 |
(c) The storage location has received a valid certificate of | 836 |
zoning compliance, as applicable, and a valid certificate of | 837 |
occupancy for each building or structure at the storage location | 838 |
issued by the authority having jurisdiction to issue the | 839 |
certificate for the storage location, and those certificates | 840 |
permit the distribution and storage of fireworks regulated under | 841 |
this chapter at the storage location and in the buildings or | 842 |
structures. The storage location shall be in compliance with all | 843 |
other applicable federal, state, and local laws and regulations. | 844 |
(d) Every building or structure located upon the storage | 845 |
location is separated from occupied residential and nonresidential | 846 |
buildings or structures, railroads, highways, and any other | 847 |
buildings or structures on the licensed premises in accordance | 848 |
with the distances specified in the rules adopted by the state | 849 |
fire marshal pursuant to section 3743.18 of the Revised Code. | 850 |
(e) Neither the licensee nor any person holding, owning, or | 851 |
controlling a five per cent or greater beneficial or equity | 852 |
interest in the licensee has been convicted of or pleaded guilty | 853 |
to a felony under the laws of this state, any other state, or the | 854 |
United States, after September 29, 2005. | 855 |
(f) The state fire marshal approves the application for | 856 |
expansion. | 857 |
(2) The state fire marshal shall approve an application for | 858 |
expansion requested under division (G)(1) of this section if the | 859 |
state fire marshal receives the application fee and proof that the | 860 |
requirements of divisions (G)(1)(b) to (e) of this section are | 861 |
satisfied. The storage location shall be considered part of the | 862 |
original licensed premises and shall use the same distinct number | 863 |
assigned to the original licensed premises with any additional | 864 |
designations as the state fire marshal deems necessary in | 865 |
accordance with section 3743.16 of the Revised Code. | 866 |
(H)(1) A licensee who obtains approval for use of a storage | 867 |
location in accordance with division (G) of this section shall use | 868 |
the site exclusively for the following activities, in accordance | 869 |
with division (C)(1) of this section: | 870 |
(a) Packaging, assembling, or storing fireworks, which shall | 871 |
occur only in buildings or structures approved for such hazardous | 872 |
uses by the building code official having jurisdiction for the | 873 |
storage location or, for 1.4G fireworks, in containers or trailers | 874 |
approved for such hazardous uses by the state fire marshal if such | 875 |
containers or trailers are not subject to regulation by the | 876 |
building code adopted in accordance with Chapter 3781. of the | 877 |
Revised Code. All such storage shall be in accordance with the | 878 |
rules adopted by the state fire marshal under division (B)(4) of | 879 |
section 3743.18 of the Revised Code for the packaging, assembling, | 880 |
and storage of fireworks. | 881 |
(b) Distributing fireworks to other parcels of real estate | 882 |
located on the wholesaler's licensed premises, to licensed | 883 |
manufacturers or other licensed wholesalers in this state or to | 884 |
similarly licensed persons located in another state or country; | 885 |
(c) Distributing fireworks to a licensed exhibitor of | 886 |
fireworks pursuant to a properly issued permit in accordance with | 887 |
section 3743.54 of the Revised Code. | 888 |
(2) A licensed wholesaler shall not engage in any sales | 889 |
activity, including the retail sale of fireworks otherwise | 890 |
permitted under division (C)(2) of this section or pursuant to | 891 |
section 3743.44 or 3743.45 of the Revised Code, at a storage | 892 |
location approved under this section. | 893 |
(3) A storage location may not be relocated for a minimum | 894 |
period of five years after the storage location is approved by the | 895 |
state fire marshal in accordance with division (G) of this | 896 |
section. | 897 |
(I) A licensee shall prohibit public access to all storage | 898 |
locations it uses. The state fire marshal shall adopt rules | 899 |
establishing acceptable measures a wholesaler shall use to | 900 |
prohibit access to storage sites. | 901 |
(J) The state fire marshal shall not place the license of a | 902 |
wholesaler of fireworks in temporarily inactive status while the | 903 |
holder of the license is attempting to qualify to retain the | 904 |
license. | 905 |
(K) Each licensed wholesaler of fireworks or a designee of | 906 |
the wholesaler, whose identity is provided to the state fire | 907 |
marshal by the wholesaler, annually shall attend a continuing | 908 |
education program. The state fire marshal shall develop the | 909 |
program and the state fire marshal or a person or public agency | 910 |
approved by the state fire marshal shall conduct it. A licensed | 911 |
wholesaler or the wholesaler's designee who attends a program as | 912 |
required under this division, within one year after attending the | 913 |
program, shall conduct in-service training as approved by the | 914 |
state fire marshal for other employees of the licensed wholesaler | 915 |
regarding the information obtained in the program. A licensed | 916 |
wholesaler shall provide the state fire marshal with notice of | 917 |
the date, time, and place of all in-service training. For any | 918 |
program conducted under this division, the state fire marshal | 919 |
shall, in accordance with rules adopted by the state fire marshal | 920 |
under Chapter 119. of the Revised Code, establish the subjects to | 921 |
be taught, the length of classes, the standards for approval, and | 922 |
time periods for notification by the licensee to the state fire | 923 |
marshal of any in-service training. | 924 |
(L) A licensed wholesaler shall maintain comprehensive | 925 |
general liability insurance coverage in the amount and type | 926 |
specified under division (B)(2) of section 3743.15 of the Revised | 927 |
Code at all times. Each policy of insurance required under this | 928 |
division shall contain a provision requiring the insurer to give | 929 |
not less than fifteen days' prior written notice to the state fire | 930 |
marshal before termination, lapse, or cancellation of the policy, | 931 |
or any change in the policy that reduces the coverage below the | 932 |
minimum required under this division. Prior to canceling or | 933 |
reducing the amount of coverage of any comprehensive general | 934 |
liability insurance coverage required under this division, a | 935 |
licensed wholesaler shall secure supplemental insurance in an | 936 |
amount and type that satisfies the requirements of this division | 937 |
so that no lapse in coverage occurs at any time. A licensed | 938 |
wholesaler who secures supplemental insurance shall file evidence | 939 |
of the supplemental insurance with the state fire marshal prior to | 940 |
canceling or reducing the amount of coverage of any comprehensive | 941 |
general liability insurance coverage required under this division. | 942 |
Sec. 3743.44. (A) Any person who | 943 |
944 | |
fireworks purchased in this state shall obtain possession of the | 945 |
1.3G fireworks only from a licensed manufacturer or licensed | 946 |
wholesaler | 947 |
948 | |
licensed manufacturer or licensed wholesaler shall sell 1.3G | 949 |
fireworks to a person | 950 |
person has been issued a license or permit in the state of the | 951 |
person's residence that authorizes the person to engage in the | 952 |
manufacture, wholesale sale, or retail sale of 1.3G fireworks or | 953 |
that authorizes the person to conduct 1.3G fireworks exhibitions | 954 |
in that state and that person presents a certified copy of the | 955 |
license. | 956 |
957 | |
958 | |
959 | |
960 | |
961 | |
962 | |
963 | |
964 | |
965 | |
966 | |
967 | |
968 | |
969 | |
970 | |
971 | |
972 | |
973 | |
974 | |
975 | |
976 |
(B) A licensed manufacturer or licensed wholesaler selling | 977 |
fireworks under this section shall require the purchaser to | 978 |
complete a purchaser's form. The state fire marshal shall | 979 |
prescribe the form, and the licensed manufacturer or licensed | 980 |
wholesaler shall furnish the form. On this form the purchaser | 981 |
shall include the purchaser's name and address; the date of the | 982 |
purchase; a statement that the purchaser acknowledges that the | 983 |
purchaser is responsible for any illegal use of the fireworks, | 984 |
including any damages caused by improper use; the number of the | 985 |
purchaser's license or permit authorizing the purchaser to | 986 |
manufacture, sell at wholesale, or sell at retail fireworks or to | 987 |
conduct fireworks exhibitions, or the number of the purchaser's | 988 |
motor vehicle operator's license or other identification card, as | 989 |
applicable; such other information as the state fire marshal may | 990 |
require; and the purchaser's signature. Each purchaser's form | 991 |
shall contain a statement printed in bold letters indicating that | 992 |
knowingly making a false statement on the form is falsification | 993 |
under section 2921.13 of the Revised Code and is a misdemeanor of | 994 |
the first degree. | 995 |
Each licensed manufacturer and licensed wholesaler shall keep | 996 |
each purchaser's form for a period of three years after the date | 997 |
of the purchase, and such forms shall be open to inspection by the | 998 |
state fire marshal or the state fire marshal's designated | 999 |
authority. | 1000 |
(C) Each | 1001 |
purchases fireworks under this section shall transport the | 1002 |
fireworks so purchased directly out of this state within | 1003 |
forty-eight hours after the time of their purchase. | 1004 |
| 1005 |
1006 | |
1007 | |
1008 | |
prohibit licensed manufacturers or wholesalers from selling | 1009 |
fireworks, in accordance with section 3743.04 or sections 3743.17 | 1010 |
and 3743.25 of the Revised Code, to a resident of another state | 1011 |
and from shipping the purchased fireworks directly out of this | 1012 |
state to the purchaser. | 1013 |
Sec. 3743.45. (A) Any person who | 1014 |
1015 | |
purchased in this state shall obtain possession of the 1.4G | 1016 |
fireworks only from a licensed manufacturer or licensed wholesaler | 1017 |
and shall be subject to this section. | 1018 |
A licensed manufacturer or licensed wholesaler selling 1.4G | 1019 |
fireworks under this division shall require the purchaser to | 1020 |
complete a purchaser's form, which shall be prescribed by the | 1021 |
state fire marshal and furnished by the licensed manufacturer or | 1022 |
licensed wholesaler. On this form the purchaser shall include the | 1023 |
purchaser's name and address; the date of the purchase; a | 1024 |
statement that the purchaser acknowledges that the purchaser is | 1025 |
responsible for any illegal use of the fireworks, including any | 1026 |
damages caused by improper use; such other information as the | 1027 |
state fire marshal may require; and the purchaser's signature. | 1028 |
Each purchaser's form shall contain a statement printed in bold | 1029 |
letters indicating that knowingly making a false statement on the | 1030 |
form is falsification under section 2921.13 of the Revised Code | 1031 |
and is a misdemeanor of the first degree. Upon accurate completion | 1032 |
and submission of the purchaser's form to the licensed | 1033 |
manufacturer or licensed wholesaler, the purchaser may possess | 1034 |
1.4G fireworks in accordance with this section. | 1035 |
Each licensed manufacturer and licensed wholesaler shall keep | 1036 |
each purchaser's form for a period of three years after the date | 1037 |
of the purchase, and such forms shall be open to inspection by the | 1038 |
state fire marshal or the state fire marshal's designated | 1039 |
authority. | 1040 |
| 1041 |
1042 | |
1043 |
This division does not apply to a person
| 1044 |
1045 | |
wholesaler, or licensed exhibitor of fireworks in this state. | 1046 |
(B) | 1047 |
1048 | |
1049 | |
1050 | |
manufacturer or licensed wholesaler selling 1.4G fireworks under | 1051 |
this division shall have safety glasses available for a nominal | 1052 |
charge or free at the site of the 1.4G fireworks purchase. | 1053 |
(C) Any person authorized under this section to possess 1.4G | 1054 |
fireworks in this state may discharge, ignite, or explode those | 1055 |
fireworks in either of the following locations in this state: | 1056 |
(1) On the property of the purchaser; | 1057 |
(2) On the property of another person who has given | 1058 |
permission to the purchaser. | 1059 |
(D) Fireworks discharged, ignited, or exploded pursuant to | 1060 |
this section shall not be considered a public exhibition. | 1061 |
(E) A county, with respect to the unincorporated territory of | 1062 |
the county, a township, with respect to the unincorporated | 1063 |
territory of the township, or a municipal corporation may do | 1064 |
either of the following: | 1065 |
(1) Restrict the dates and times a person may discharge, | 1066 |
ignite, or explode fireworks purchased pursuant to this section; | 1067 |
(2) Ban the discharge, ignition, or explosion of fireworks | 1068 |
purchased pursuant to this section. | 1069 |
A resolution adopted by a board of township trustees under | 1070 |
this division prevails over a conflicting resolution adopted under | 1071 |
this division by the board of county commissioners in the county | 1072 |
within which the township is located. | 1073 |
(F) This section does not limit the enforcement of any | 1074 |
ordinance, resolution, or statute that regulates noise, | 1075 |
disturbance of the peace, or disorderly conduct. | 1076 |
Sec. 3743.46. (A) Except as otherwise provided in section | 1077 |
3743.44 or 3743.45 of the Revised Code, no licensed manufacturer | 1078 |
or licensed wholesaler shall sell fireworks to a person who | 1079 |
resides in another state unless one of the following applies: | 1080 |
(1) The person has been issued a license or permit in the | 1081 |
state of the person's residence that authorizes the person to | 1082 |
engage in the manufacture, wholesale sale, or retail sale of | 1083 |
fireworks in that state or that authorizes the person to conduct | 1084 |
fireworks exhibitions in that state and that person presents a | 1085 |
certified copy of the license. | 1086 |
(2) If the person does not possess a license or permit | 1087 |
described in division (A)(1) of this section, the person presents | 1088 |
a current valid motor vehicle operator's license issued to the | 1089 |
person in the person's state of residence. | 1090 |
(3) If the person does not possess a license or permit issued | 1091 |
in that state as described in division (A)(1) or (2) of this | 1092 |
section, the person presents an identification card issued to the | 1093 |
person by a governmental agency in the person's state of residence | 1094 |
indicating that the person is a resident of that state. | 1095 |
(B) If a person who is required to present a motor vehicle | 1096 |
operator's license or other identification card intends to | 1097 |
transport the fireworks purchased directly out of this state by a | 1098 |
motor vehicle and the person will not also be the operator of that | 1099 |
motor vehicle while so transporting the fireworks, the operator of | 1100 |
the motor vehicle also shall present the operator's motor vehicle | 1101 |
operator's license. | 1102 |
Sec. 3743.47. (A) The state fire marshal shall prepare a | 1103 |
pamphlet that explains how to use 1.4G fireworks safely. The state | 1104 |
fire marshal shall distribute the pamphlet to all licensed | 1105 |
wholesalers and licensed manufacturers who sell 1.4G fireworks. | 1106 |
(B) A licensed manufacturer or licensed wholesaler shall | 1107 |
furnish a copy of the pamphlet prepared pursuant to division (A) | 1108 |
of this section to each purchaser of 1.4G fireworks. | 1109 |
This division does not apply when a purchaser is a licensed | 1110 |
manufacturer, licensed wholesaler, or licensed exhibitor of | 1111 |
fireworks in this state. | 1112 |
Sec. 3743.60. (A) No person shall manufacture fireworks in | 1113 |
this state unless it is a licensed manufacturer of fireworks, and | 1114 |
no person shall operate a fireworks plant in this state unless it | 1115 |
has been issued a license as a manufacturer of fireworks for the | 1116 |
particular fireworks plant. | 1117 |
(B) No person shall operate a fireworks plant in this state | 1118 |
after its license as a manufacturer of fireworks for the | 1119 |
particular fireworks plant has expired, been denied renewal, or | 1120 |
been revoked, unless a new license has been obtained. | 1121 |
(C) No licensed manufacturer of fireworks, during the | 1122 |
effective period of its licensure, shall construct, locate, or | 1123 |
relocate any buildings or other structures on the premises of its | 1124 |
fireworks plant, make any structural change or renovation in any | 1125 |
building or other structure on the premises of its fireworks | 1126 |
plant, or change the nature of its manufacturing of fireworks so | 1127 |
as to include the processing of fireworks without first obtaining | 1128 |
a written authorization from the state fire marshal pursuant to | 1129 |
division (B) of section 3743.04 of the Revised Code. | 1130 |
(D) No licensed manufacturer of fireworks shall manufacture | 1131 |
fireworks, possess fireworks for sale at wholesale or retail, or | 1132 |
sell fireworks at wholesale or retail, in a manner not authorized | 1133 |
by division (C) of section 3743.04 of the Revised Code. | 1134 |
(E) No licensed manufacturer of fireworks shall knowingly | 1135 |
fail to comply with the rules adopted by the state fire marshal | 1136 |
pursuant to section 3743.05 of the Revised Code or the | 1137 |
requirements of section 3743.06 of the Revised Code. | 1138 |
(F) No licensed manufacturer of fireworks shall fail to | 1139 |
maintain complete inventory, wholesale sale, and retail records as | 1140 |
required by section 3743.07 of the Revised Code, or to permit | 1141 |
inspection of these records or the premises of a fireworks plant | 1142 |
pursuant to section 3743.08 of the Revised Code. | 1143 |
(G) No licensed manufacturer of fireworks shall fail to | 1144 |
comply with an order of the state fire marshal issued pursuant to | 1145 |
division (B)(1) of section 3743.08 of the Revised Code, within the | 1146 |
specified period of time. | 1147 |
(H) No licensed manufacturer of fireworks shall fail to | 1148 |
comply with an order of the state fire marshal issued pursuant to | 1149 |
division (B)(2) of section 3743.08 of the Revised Code until the | 1150 |
nonconformities are eliminated, corrected, or otherwise remedied | 1151 |
or the seventy-two hour period specified in that division has | 1152 |
expired, whichever first occurs. | 1153 |
(I) No person shall smoke or shall carry a pipe, cigarette, | 1154 |
or cigar, or a match, lighter, other flame-producing item, or open | 1155 |
flame on, or shall carry a concealed source of ignition into, the | 1156 |
premises of a fireworks plant, except as smoking is authorized in | 1157 |
specified lunchrooms or restrooms by a manufacturer pursuant to | 1158 |
division (C) of section 3743.06 of the Revised Code. | 1159 |
(J) No person shall have possession or control of, or be | 1160 |
under the influence of, any intoxicating liquor, beer, or | 1161 |
controlled substance, while on the premises of a fireworks plant. | 1162 |
(K) No licensed manufacturer of fireworks shall fail to | 1163 |
furnish a safety pamphlet to a purchaser of 1.4G fireworks as | 1164 |
required by division (B) of section 3743.47 of the Revised Code. | 1165 |
(L) No licensed manufacturer of fireworks shall fail to have | 1166 |
safety glasses available for sale as required by division (B) of | 1167 |
section 3743.45 of the Revised Code. | 1168 |
Sec. 3743.61. (A) No person, except a licensed manufacturer | 1169 |
of fireworks engaging in the wholesale sale of fireworks as | 1170 |
authorized by division (C)(2) of section 3743.04 of the Revised | 1171 |
Code, shall operate as a wholesaler of fireworks in this state | 1172 |
unless it is a licensed wholesaler of fireworks, or shall operate | 1173 |
as a wholesaler of fireworks at any location in this state unless | 1174 |
it has been issued a license as a wholesaler of fireworks for the | 1175 |
particular location. | 1176 |
(B) No person shall operate as a wholesaler of fireworks at a | 1177 |
particular location in this state after its license as a | 1178 |
wholesaler of fireworks for the particular location has expired, | 1179 |
been denied renewal, or been revoked, unless a new license has | 1180 |
been obtained. | 1181 |
(C) No licensed wholesaler of fireworks, during the effective | 1182 |
period of its licensure, shall perform any construction, or make | 1183 |
any structural change or renovation, on the premises on which the | 1184 |
fireworks are sold without first obtaining a written authorization | 1185 |
from the state fire marshal pursuant to division (B) of section | 1186 |
3743.17 of the Revised Code. | 1187 |
(D) No licensed wholesaler of fireworks shall possess | 1188 |
fireworks for sale at wholesale or retail, or sell fireworks at | 1189 |
wholesale or retail, in a manner not authorized by division (C) of | 1190 |
section 3743.17 of the Revised Code. | 1191 |
(E) No licensed wholesaler of fireworks shall knowingly fail | 1192 |
to comply with the rules adopted by the state fire marshal | 1193 |
pursuant to section 3743.18 or the requirements of section 3743.19 | 1194 |
of the Revised Code. | 1195 |
(F) No licensed wholesaler of fireworks shall fail to | 1196 |
maintain complete inventory, wholesale sale, and retail records as | 1197 |
required by section 3743.20 of the Revised Code, or to permit | 1198 |
inspection of these records or the premises of the wholesaler | 1199 |
pursuant to section 3743.21 of the Revised Code. | 1200 |
(G) No licensed wholesaler of fireworks shall fail to comply | 1201 |
with an order of the state fire marshal issued pursuant to | 1202 |
division (B)(1) of section 3743.21 of the Revised Code, within the | 1203 |
specified period of time. | 1204 |
(H) No licensed wholesaler of fireworks shall fail to comply | 1205 |
with an order of the state fire marshal issued pursuant to | 1206 |
division (B)(2) of section 3743.21 of the Revised Code until the | 1207 |
nonconformities are eliminated, corrected, or otherwise remedied | 1208 |
or the seventy-two hour period specified in that division has | 1209 |
expired, whichever first occurs. | 1210 |
(I) No person shall smoke or shall carry a pipe, cigarette, | 1211 |
or cigar, or a match, lighter, other flame-producing item, or open | 1212 |
flame on, or shall carry a concealed source of ignition into, the | 1213 |
premises of a wholesaler of fireworks, except as smoking is | 1214 |
authorized in specified lunchrooms or restrooms by a wholesaler | 1215 |
pursuant to division (D) of section 3743.19 of the Revised Code. | 1216 |
(J) No person shall have possession or control of, or be | 1217 |
under the influence of, any intoxicating liquor, beer, or | 1218 |
controlled substance, while on the premises of a wholesaler of | 1219 |
fireworks. | 1220 |
(K) No licensed wholesaler of fireworks shall fail to furnish | 1221 |
a safety pamphlet to a purchaser of 1.4G fireworks as required by | 1222 |
division (B) of section 3743.47 of the Revised Code. | 1223 |
(L) No licensed wholesaler of fireworks shall fail to have | 1224 |
safety glasses available for sale as required by division (B) of | 1225 |
section 3743.45 of the Revised Code. | 1226 |
Sec. 3743.63. (A) No person who | 1227 |
purchases fireworks in this state shall obtain possession of the | 1228 |
fireworks in this state unless the person complies with | 1229 |
sections 3743.44 to 3743.46 of the Revised Code, provided that | 1230 |
knowingly making a false statement on the fireworks purchaser form | 1231 |
is not a violation of this section but is a violation of section | 1232 |
2921.13 of the Revised Code. | 1233 |
(B) | 1234 |
section 3743.45 of the Revised Code, no person who resides in | 1235 |
another state and who purchases fireworks in this state shall | 1236 |
obtain possession of fireworks in this state other than from a | 1237 |
licensed manufacturer or wholesaler, or fail, when transporting | 1238 |
the fireworks, to transport them directly out of this state within | 1239 |
seventy-two hours after the time of their purchase. | 1240 |
1241 | |
1242 |
(C) | 1243 |
1244 | |
1245 | |
1246 | |
1247 | |
1248 |
| 1249 |
fireworks in this state under section 3743.45 of the Revised Code | 1250 |
shall | 1251 |
1252 | |
1253 | |
1254 | |
1255 | |
state fireworks that the person has acquired in this state. | 1256 |
Sec. 3743.65. (A) No person shall possess fireworks in this | 1257 |
state or shall possess for sale or sell fireworks in this state, | 1258 |
except a licensed manufacturer of fireworks as authorized by | 1259 |
sections 3743.02 to 3743.08 of the Revised Code, a licensed | 1260 |
wholesaler of fireworks as authorized by sections 3743.15 to | 1261 |
3743.21 of the Revised Code, a shipping permit holder as | 1262 |
authorized by section 3743.40 of the Revised Code, | 1263 |
1264 | |
1265 | |
1266 | |
fireworks as authorized by sections 3743.50 to 3743.55 of the | 1267 |
Revised Code, and except as provided in section 3743.80 of the | 1268 |
Revised Code. | 1269 |
(B) Except as provided in | 1270 |
3743.80 of the Revised Code and except for licensed exhibitors of | 1271 |
fireworks authorized to conduct a fireworks exhibition pursuant to | 1272 |
sections 3743.50 to 3743.55 of the Revised Code, no person shall | 1273 |
discharge, ignite, or explode any fireworks in this state. | 1274 |
(C) No person shall use in a theater or public hall, what is | 1275 |
technically known as fireworks showers, or a mixture containing | 1276 |
potassium chlorate and sulphur. | 1277 |
(D) No person shall sell fireworks of any kind to a person | 1278 |
under eighteen years of age. No person under eighteen years of age | 1279 |
shall enter a fireworks sales showroom unless that person is | 1280 |
accompanied by a parent, legal guardian, or other responsible | 1281 |
adult. No person under eighteen years of age shall touch or | 1282 |
possess fireworks on a licensed premises without the consent of | 1283 |
the licensee. A licensee may eject any person from a licensed | 1284 |
premises that is in any way disruptive to the safe operation of | 1285 |
the premises. | 1286 |
(E) No person, other than a licensed manufacturer, licensed | 1287 |
wholesaler, licensed exhibitor, or shipping permit holder, shall | 1288 |
possess 1.3G fireworks in this state. | 1289 |
(F) Except as otherwise provided in division (J) of section | 1290 |
3743.06 and division (K) of section 3743.19 of the Revised Code, | 1291 |
no person shall knowingly disable a fire suppression system as | 1292 |
defined in section 3781.108 of the Revised Code on the premises of | 1293 |
a fireworks plant of a licensed manufacturer of fireworks or on | 1294 |
the premises of the business operations of a licensed wholesaler | 1295 |
of fireworks. | 1296 |
(G) No person shall discharge, ignite, or explode fireworks | 1297 |
while in possession or control of, or under the influence of, any | 1298 |
intoxicating liquor, beer, or controlled substance. | 1299 |
(H) No person shall discharge, ignite, or explode fireworks | 1300 |
on the property of another person without that person's permission | 1301 |
to use fireworks on that property. | 1302 |
Sec. 3743.75. (A) During the period beginning on June 29, | 1303 |
2001, and ending on December 15, | 1304 |
shall not do any of the following: | 1305 |
(1) Issue a license as a manufacturer of fireworks under | 1306 |
sections 3743.02 and 3743.03 of the Revised Code to a person for a | 1307 |
particular fireworks plant unless that person possessed such a | 1308 |
license for that fireworks plant immediately prior to June 29, | 1309 |
2001; | 1310 |
(2) Issue a license as a wholesaler of fireworks under | 1311 |
sections 3743.15 and 3743.16 of the Revised Code to a person for a | 1312 |
particular location unless that person possessed such a license | 1313 |
for that location immediately prior to June 29, 2001; | 1314 |
(3) Except as provided in division (B) of this section, | 1315 |
approve the geographic transfer of a license as a manufacturer or | 1316 |
wholesaler of fireworks issued under this chapter to any location | 1317 |
other than a location for which a license was issued under this | 1318 |
chapter immediately prior to June 29, 2001. | 1319 |
(B) Division (A)(3) of this section does not apply to a | 1320 |
transfer that the state fire marshal approves under division (F) | 1321 |
of section 3743.17 of the Revised Code. | 1322 |
(C) Notwithstanding section 3743.59 of the Revised Code, the | 1323 |
prohibited activities established in divisions (A)(1) and (2) of | 1324 |
this section, geographic transfers approved pursuant to division | 1325 |
(F) of section 3743.17 of the Revised Code, and storage locations | 1326 |
allowed pursuant to division (I) of section 3743.04 of the Revised | 1327 |
Code or division (G) of section 3743.17 of the Revised Code are | 1328 |
not subject to any variance, waiver, or exclusion. | 1329 |
(D) As used in division (A) of this section: | 1330 |
(1) "Person" includes any person or entity, in whatever form | 1331 |
or name, that acquires possession of a manufacturer or wholesaler | 1332 |
of fireworks license issued pursuant to this chapter by transfer | 1333 |
of possession of a license, whether that transfer occurs by | 1334 |
purchase, assignment, inheritance, bequest, stock transfer, or any | 1335 |
other type of transfer, on the condition that the transfer is in | 1336 |
accordance with division (D) of section 3743.04 of the Revised | 1337 |
Code or division (D) of section 3743.17 of the Revised Code and is | 1338 |
approved by the fire marshal. | 1339 |
(2) "Particular location" includes a licensed premises and, | 1340 |
regardless of when approved, any storage location approved in | 1341 |
accordance with section 3743.04 or 3743.17 of the Revised Code. | 1342 |
(3) "Such a license" includes a wholesaler of fireworks | 1343 |
license that was issued in place of a manufacturer of fireworks | 1344 |
license that existed prior to June 29, 2001, and was requested to | 1345 |
be canceled by the license holder pursuant to division (D) of | 1346 |
section 3743.03 of the Revised Code. | 1347 |
Sec. 3743.99. (A) Whoever violates division (A) or (B) of | 1348 |
section 3743.60 or division (H) of section 3743.64 of the Revised | 1349 |
Code is guilty of a felony of the third degree. | 1350 |
(B) Whoever violates division (C) or (D) of section 3743.60, | 1351 |
division (A), (B), (C), or (D) of section 3743.61, or division (A) | 1352 |
or (B) of section 3743.64 of the Revised Code is guilty of a | 1353 |
felony of the fourth degree. | 1354 |
(C) Whoever violates division (E), (F), (G), (H), (I), or (J) | 1355 |
of section 3743.60, division (E), (F), (G), (H), (I), or (J) of | 1356 |
section 3743.61, section 3743.63, division (D), (E), (F), or (G) | 1357 |
of section 3743.64, division (A), (B), (C), (D), or (E) of section | 1358 |
3743.65, or section 3743.66 of the Revised Code is guilty of a | 1359 |
misdemeanor of the first degree. If the offender previously has | 1360 |
been convicted of or pleaded guilty to a violation of division (I) | 1361 |
of section 3743.60 or 3743.61 of the Revised Code, a violation of | 1362 |
either of these divisions is a felony of the fifth degree. | 1363 |
(D) Whoever violates division (C) of section 3743.64 of the | 1364 |
Revised Code is guilty of a misdemeanor of the first degree. In | 1365 |
addition to any other penalties that may be imposed on a licensed | 1366 |
exhibitor of fireworks under this division and unless the third | 1367 |
sentence of this division applies, the person's license as an | 1368 |
exhibitor of fireworks or as an assistant exhibitor of fireworks | 1369 |
shall be suspended, and the person is ineligible to apply for | 1370 |
either type of license, for a period of five years. If the | 1371 |
violation of division (C) of section 3743.64 of the Revised Code | 1372 |
results in serious physical harm to persons or serious physical | 1373 |
harm to property, the person's license as an exhibitor of | 1374 |
fireworks or as an assistant exhibitor of fireworks shall be | 1375 |
revoked, and that person is ineligible to apply for a license as | 1376 |
or to be licensed as an exhibitor of fireworks or as an assistant | 1377 |
exhibitor of fireworks in this state. | 1378 |
(E) Whoever violates division (F) of section 3743.65 of the | 1379 |
Revised Code is guilty of a felony of the fifth degree. | 1380 |
(F) Whoever violates division (G) of section 3743.65 of the | 1381 |
Revised Code is guilty of a misdemeanor of the first degree. | 1382 |
Notwithstanding any other provision of law to the contrary, a | 1383 |
person may be convicted at the same trial or proceeding of a | 1384 |
violation of division (G) of section 3743.65 of the Revised Code | 1385 |
and a violation of division (B) of section 2917.11 of the Revised | 1386 |
Code that constitutes the basis of the charge of the violation of | 1387 |
division (G) of section 3743.65 of the Revised Code. | 1388 |
(G) Whoever violates division (K) or (L) of section 3743.60 | 1389 |
or division (K) or (L) of section 3743.61 of the Revised Code is | 1390 |
guilty of a misdemeanor of the second degree. | 1391 |
(H) Whoever violates division (H) of section 3743.65 of the | 1392 |
Revised Code is guilty of a minor misdemeanor. | 1393 |
Sec. 5703.052. (A) There is hereby created in the state | 1394 |
treasury the tax refund fund, from which refunds shall be paid for | 1395 |
taxes illegally or erroneously assessed or collected, or for any | 1396 |
other reason overpaid, that are levied by Chapter 4301., 4305., | 1397 |
5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741., | 1398 |
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71, | 1399 |
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, | 1400 |
5727.81, and 5727.811 of the Revised Code. Refunds for fees or | 1401 |
wireless 9-1-1 charges illegally or erroneously assessed or | 1402 |
collected, or for any other reason overpaid, that are levied by | 1403 |
sections 128.42 | 1404 |
the Revised Code also shall be paid from the fund. Refunds for | 1405 |
amounts illegally or erroneously assessed or collected by the tax | 1406 |
commissioner, or for any other reason overpaid, that are due under | 1407 |
section 1509.50 of the Revised Code shall be paid from the fund. | 1408 |
However, refunds for taxes levied under section 5739.101 of the | 1409 |
Revised Code shall not be paid from the tax refund fund, but shall | 1410 |
be paid as provided in section 5739.104 of the Revised Code. | 1411 |
(B)(1) Upon certification by the tax commissioner to the | 1412 |
treasurer of state of a tax refund, a wireless 9-1-1 charge | 1413 |
refund, or another amount refunded, or by the superintendent of | 1414 |
insurance of a domestic or foreign insurance tax refund, the | 1415 |
treasurer of state shall place the amount certified to the credit | 1416 |
of the fund. The certified amount transferred shall be derived | 1417 |
from the receipts of the same tax, fee, wireless 9-1-1 charge, or | 1418 |
other amount from which the refund arose. | 1419 |
(2) When a refund is for a tax, fee, wireless 9-1-1 charge, | 1420 |
or other amount that is not levied by the state or that was | 1421 |
illegally or erroneously distributed to a taxing jurisdiction, the | 1422 |
tax commissioner shall recover the amount of that refund from the | 1423 |
next distribution of that tax, fee, wireless 9-1-1 charge, or | 1424 |
other amount that otherwise would be made to the taxing | 1425 |
jurisdiction. If the amount to be recovered would exceed | 1426 |
twenty-five per cent of the next distribution of that tax, fee, | 1427 |
wireless 9-1-1 charge, or other amount, the commissioner may | 1428 |
spread the recovery over more than one future distribution, taking | 1429 |
into account the amount to be recovered and the amount of the | 1430 |
anticipated future distributions. In no event may the commissioner | 1431 |
spread the recovery over a period to exceed thirty-six months. | 1432 |
Sec. 5703.053. As used in this section, "postal service" | 1433 |
means the United States postal service. | 1434 |
An application to the tax commissioner for a tax refund under | 1435 |
section 4307.05, 4307.07, 5726.30, 5727.28, 5727.91, 5728.061, | 1436 |
5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5736.08, 5739.07, | 1437 |
5741.10, 5743.05, 5743.53, 5745.11, 5749.08, or 5751.08 of the | 1438 |
Revised Code or division (B) of section 5703.05 of the Revised | 1439 |
Code, or a fee refunded under section 3734.905 or 3737.11 of the | 1440 |
Revised Code, that is received after the last day for filing under | 1441 |
such section shall be considered to have been filed in a timely | 1442 |
manner if: | 1443 |
(A) The application is delivered by the postal service and | 1444 |
the earliest postal service postmark on the cover in which the | 1445 |
application is enclosed is not later than the last day for filing | 1446 |
the application; | 1447 |
(B) The application is delivered by the postal service, the | 1448 |
only postmark on the cover in which the application is enclosed | 1449 |
was affixed by a private postal meter, the date of that postmark | 1450 |
is not later than the last day for filing the application, and the | 1451 |
application is received within seven days of such last day; or | 1452 |
(C) The application is delivered by the postal service, no | 1453 |
postmark date was affixed to the cover in which the application is | 1454 |
enclosed or the date of the postmark so affixed is not legible, | 1455 |
and the application is received within seven days of the last day | 1456 |
for making the application. | 1457 |
Sec. 5703.19. (A) To carry out the purposes of the laws that | 1458 |
the tax commissioner is required to administer, the commissioner | 1459 |
or any person employed by the commissioner for that purpose, upon | 1460 |
demand, may inspect books, accounts, records, and memoranda of any | 1461 |
person or public utility subject to those laws, and may examine | 1462 |
under oath any officer, agent, or employee of that person or | 1463 |
public utility. Any person other than the commissioner who makes a | 1464 |
demand pursuant to this section shall produce the person's | 1465 |
authority to make the inspection. | 1466 |
(B) If a person or public utility receives at least ten days' | 1467 |
written notice of a demand made under division (A) of this section | 1468 |
and refuses to comply with that demand, a penalty of five hundred | 1469 |
dollars shall be imposed upon the person or public utility for | 1470 |
each day the person or public utility refuses to comply with the | 1471 |
demand. Penalties imposed under this division may be assessed and | 1472 |
collected in the same manner as assessments made under Chapter | 1473 |
3769., 4305., 5727., 5728., 5733., 5735., 5736., 5739., 5743., | 1474 |
5745., 5747., 5749., 5751., or 5753., | 1475 |
3734.9014, or sections 3737.04 to 3737.12 of the Revised Code. | 1476 |
Sec. 5703.70. (A) On the filing of an application for refund | 1477 |
under section 3734.905, 3737.11, 4307.05, 4307.07, 5726.30, | 1478 |
5727.28, 5727.91, 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, | 1479 |
5735.141, 5735.142, 5735.18, 5736.08, 5739.07, 5739.071, 5739.104, | 1480 |
5741.10, 5743.05, 5743.53, 5749.08, 5751.08, or 5753.06 of the | 1481 |
Revised Code, or an application for compensation under section | 1482 |
5739.061 of the Revised Code, if the tax commissioner determines | 1483 |
that the amount of the refund or compensation to which the | 1484 |
applicant is entitled is less than the amount claimed in the | 1485 |
application, the commissioner shall give the applicant written | 1486 |
notice by ordinary mail of the amount. The notice shall be sent to | 1487 |
the address shown on the application unless the applicant notifies | 1488 |
the commissioner of a different address. The applicant shall have | 1489 |
sixty days from the date the commissioner mails the notice to | 1490 |
provide additional information to the commissioner or request a | 1491 |
hearing, or both. | 1492 |
(B) If the applicant neither requests a hearing nor provides | 1493 |
additional information to the tax commissioner within the time | 1494 |
prescribed by division (A) of this section, the commissioner shall | 1495 |
take no further action, and the refund or compensation amount | 1496 |
denied becomes final. | 1497 |
(C)(1) If the applicant requests a hearing within the time | 1498 |
prescribed by division (A) of this section, the tax commissioner | 1499 |
shall assign a time and place for the hearing and notify the | 1500 |
applicant of such time and place, but the commissioner may | 1501 |
continue the hearing from time to time as necessary. After the | 1502 |
hearing, the commissioner may make such adjustments to the refund | 1503 |
or compensation as the commissioner finds proper, and shall issue | 1504 |
a final determination thereon. | 1505 |
(2) If the applicant does not request a hearing, but provides | 1506 |
additional information, within the time prescribed by division (A) | 1507 |
of this section, the commissioner shall review the information, | 1508 |
make such adjustments to the refund or compensation as the | 1509 |
commissioner finds proper, and issue a final determination | 1510 |
thereon. | 1511 |
(3) The commissioner shall serve a copy of the final | 1512 |
determination made under division (C)(1) or (2) of this section on | 1513 |
the applicant in the manner provided in section 5703.37 of the | 1514 |
Revised Code, and the decision is final, subject to appeal under | 1515 |
section 5717.02 of the Revised Code. | 1516 |
(D) The tax commissioner shall certify to the director of | 1517 |
budget and management and treasurer of state for payment from the | 1518 |
tax refund fund created by section 5703.052 of the Revised Code, | 1519 |
the amount of the refund to be refunded under division (B) or (C) | 1520 |
of this section. The commissioner also shall certify to the | 1521 |
director and treasurer of state for payment from the general | 1522 |
revenue fund the amount of compensation to be paid under division | 1523 |
(B) or (C) of this section. | 1524 |
Sec. 5703.77. (A) As used in this section: | 1525 |
(1) "Taxpayer" means a person subject to or previously | 1526 |
subject to a tax or fee, a person that remits a tax or fee, or a | 1527 |
person required to or previously required to withhold or collect | 1528 |
and remit a tax or fee on behalf of another person. | 1529 |
(2) "Tax or fee" means a tax or fee administered by the tax | 1530 |
commissioner. | 1531 |
(3) "Credit account balance" means the amount of a tax or fee | 1532 |
that a taxpayer remits to the state in excess of the amount | 1533 |
required to be remitted, after accounting for factors applicable | 1534 |
to the taxpayer such as accelerated payments, estimated payments, | 1535 |
tax credits, and tax credit balances that may be carried forward. | 1536 |
(4) "Tax debt" means an unpaid tax or fee or any unpaid | 1537 |
penalty, interest, or additional charge on such a tax or fee due | 1538 |
the state. | 1539 |
(B) As soon as practicable, but not later than sixty days | 1540 |
before the expiration of the period of time during which a | 1541 |
taxpayer may file a refund application for a tax or fee, the tax | 1542 |
commissioner shall review the taxpayer's accounts for the tax or | 1543 |
fee and notify the taxpayer of any credit account balance for | 1544 |
which the commissioner is required to issue a refund if the | 1545 |
taxpayer were to file a refund application for that balance, | 1546 |
regardless of whether the taxpayer files a refund application or | 1547 |
amended return with respect to that tax or fee. The notice shall | 1548 |
be made using contact information for the taxpayer on file with | 1549 |
the commissioner. | 1550 |
(C) Notwithstanding sections 128.47, 3734.905, 3737.11, | 1551 |
4307.05, 5726.30, 5727.28, 5727.42, 5727.91, 5728.061, 5735.122, | 1552 |
5736.08, 5739.07, 5739.104, 5741.10, 5743.05, 5743.53, 5747.11, | 1553 |
5749.08, 5751.08, 5753.06, and any other section of the Revised | 1554 |
Code governing refunds of taxes or fees, the commissioner may | 1555 |
apply the amount of any credit account balance for which the | 1556 |
commissioner is required to issue a refund if the taxpayer were to | 1557 |
file a refund application for that balance as a credit against the | 1558 |
taxpayer's liability for the tax or fee in the taxpayer's next | 1559 |
reporting period for that tax or fee or issue a refund of that | 1560 |
credit account balance to the taxpayer, subject to division (D) of | 1561 |
this section. | 1562 |
(D) Before issuing a refund to a taxpayer under division (C) | 1563 |
of this section, the tax commissioner shall withhold from that | 1564 |
refund the amount of any of the taxpayer's tax debt certified to | 1565 |
the attorney general under section 131.02 of the Revised Code and | 1566 |
the amount of the taxpayer's liability, if any, for a tax or fee. | 1567 |
The commissioner shall apply any amount withheld first in | 1568 |
satisfaction of the amount of the taxpayer's certified tax debt | 1569 |
and then in satisfaction of the taxpayer's liability. | 1570 |
(E) The tax commissioner may adopt rules to administer this | 1571 |
section. | 1572 |
Section 2. That existing sections 1705.48, 3737.51, 3737.71, | 1573 |
3737.99, 3743.04, 3743.17, 3743.44, 3743.45, 3743.60, 3743.61, | 1574 |
3743.63, 3743.65, 3743.75, 3743.99, 5703.052, 5703.053, 5703.19, | 1575 |
5703.70, and 5703.77 of the Revised Code are hereby repealed. | 1576 |