Section 212-17-185. Retailer of fireworks—License and permit.

(1) Persons desiring to engage in the business of selling fireworks at retail must:

(a) Secure a license from the state fire marshal.

(b) Obtain a permit from the local governmental officials having jurisdiction.

(2) A license and permit are valid and effective from January 1 of the year in which the application is made and ending January 31 of the following year.

(3) A retailer's license to sell fireworks will not:

(a) Authorize the licensee to engage in any other fireworks activity.

(b) Be used for the purchase of fireworks at wholesale:

(i) If an application for permit of a CFRS facility has not been made in accordance with RCW 70.77.260 for the sale of consumer fireworks to the public; or

(ii) If the intent is for the licensee to use the consumer fireworks for personal use.

(c) Be transferable, except that any license purchased by a licensed wholesaler may have the business or nonprofit group name added in addition to the wholesalers if required by the local authority having jurisdiction issuing the fireworks permit. The wholesaler will need to have a written agreement similar to any other retail license issued through the wholesaler.

(4) If the license is denied, the applicant will be notified in writing of the reason of the denial, and will:

(a) Be given an opportunity to make such alterations and corrections as are deemed necessary.

(b) Have the right to request a hearing as outlined in WAC 212-17-475.

(5) Applications for licenses must include the name of all the wholesaler(s) that consumer fireworks intend to be purchased from.

(6) Penalties for violations of this section are provided in WAC 212-17-515.

[Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-185, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-185, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. WSR 98-04-007, § 212-17-185, filed 1/23/98, effective 2/23/98. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-185, filed 3/31/88. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-185, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-185, filed 11/2/82.]

RCW 70.77.250. WSR 15-22-082, § 212-17-185, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-185, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapters 70.77 and 43.43 RCW. WSR 98-04-007, § 212-17-185, filed 1/23/98, effective 2/23/98. Statutory Authority: Chapter 70.77 RCW. WSR 88-08-027 (Order FPS 88-01), § 212-17-185, filed 3/31/88. Statutory Authority: RCW 70.77.250. WSR 84-23-009 (Order FM 84-05), § 212-17-185, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-185, filed 11/2/82.

Rules

212-17-475,212-17-515,