093_SB0342 LRB093 07500 AMC 07672 b 1 AN ACT concerning fireworks. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. This Act may be cited as the Fireworks 5 Regulation Act. 6 Section 5. Definition of terms. As used in this Act, 7 the following terms shall have the meanings ascribed to them 8 in this Section unless clearly indicated otherwise. 9 "Importer" means any person engaged in the business of 10 making sales of fireworks to a bona fide wholesaler. 11 "Wholesaler" means any person engaged in the business of 12 making sales of fireworks to any other person engaged in the 13 business of making sales at retail. 14 "Retailer" means any person engaged in the business of 15 making sales of fireworks to consumers. 16 "Sale" means an exchange of articles of fireworks for 17 money and each transaction made by any person, whether as 18 principal proprietor, salesman, agent, association, 19 copartnership or one or more individuals. 20 "Person" means any corporation, association, 21 copartnership, or one or more individuals. 22 "License" means the written authority of the State Fire 23 Marshal issued under the authority of this Act. 24 "D.O.T. Class C Common Fireworks" means all articles of 25 fireworks classified as D.O.T. Class C Common Fireworks in 26 the regulations of the U.S. Department of Transportation for 27 the transportation of explosive and other dangerous articles, 28 including wire sparklers. 29 "Special fireworks" means all articles of fireworks that 30 are classified as Class B explosives in the regulations of 31 the U.S. Department of Transportation and shall include all -2- LRB093 07500 AMC 07672 b 1 articles classified as fireworks other than those classified 2 as Class C. 3 Section 10. It shall be unlawful for any person to sell, 4 offer to sell, ship, or cause to be shipped into or within 5 the State of Illinois, except as herein provided, any item of 6 fireworks, without first having secured the required 7 applicable license, as a importer, wholesaler, or retailer, 8 from the State Fire Marshal, possession of the license being 9 hereby made a condition prerequisite to selling or offering 10 for sale, shipping or causing to be shipped any fireworks 11 into or within the State of Illinois, except as herein 12 provided. All license holders must be located in permanent 13 structures and be open for business 12 months each year. 14 Fireworks stands operated by handicapped or retired persons 15 that generate less than $15,000 gross sales annually and not 16 for profit organization stands shall not be required to be 17 open 12 months of the year. Also, importers, wholesalers, 18 and all not for profit organizations are exempt from the 19 sales tax license provision. 20 Before engaging in the sale within the State of Illinois 21 or shipment into the State of Illinois of any fireworks, each 22 person must make application on forms secured from the State 23 Fire Marshal for the license or licenses required under this 24 Act for each location at which fireworks are to be offered 25 for sale. 26 The determination of the type of license or licenses 27 required by each applicant will be based on the license fee 28 paid by the applicant. No license shall be issued to a 29 person under the age of 21 years. All licenses shall be for 30 the calendar year or any fraction thereof and shall expire on 31 December 31 of each year; 2 days of grace shall be allowed 32 holder of licenses, after the expiration thereof. Licenses 33 issued to retailers must be displayed in their place of -3- LRB093 07500 AMC 07672 b 1 business. No license provided for in this Act shall be 2 transferable nor shall a person be permitted to operate under 3 a license issued to any other person or under a license 4 issued for another location, unless transfer shall have been 5 approved by the State Fire Marshal. 6 The State Fire Marshal is authorized and directed to 7 charge for licenses issued as follows: importer, $3,500; 8 wholesaler, $1,000; retailer, $50; display, $1. 9 Only holders of a retailer license will be authorized to 10 engage in the retail sale of permitted items as defined in 11 Section 35 of this Act in quantity to consumers. 12 A holder of a importer license will be required to have 13 additional license or licenses in order to sell as a 14 wholesaler and retailer. 15 The State Fire Marshal shall deposit $200,000 of the 16 amount received each fiscal year as license fees under this 17 Act into the Fire Prevention Fund to be used (i) for fire 18 prevention programs and (ii) for the costs of enforcing this 19 Act. The State Fire Marshal shall deposit the remainder of 20 the amount received as license fees under this Act into the 21 General Revenue Fund. The State Fire Marshal may designate a 22 deputy fire marshal as the "Fireworks Enforcement Officer" 23 who shall have the responsibility of directing enforcement of 24 the State fireworks laws. 25 The State Fire Marshal is charged with the enforcement of 26 this Act and may call upon any State or county or city peace 27 officer for assistance in the enforcement of this Act. 28 Section 15. The State Fire Marshal shall assign a number 29 to each license issued and each holder of a license of any of 30 the classes hereinabove provided shall imprint or affix the 31 same to all purchase orders, delivery receipts, and invoices 32 issued or used by each distributor or wholesaler. -4- LRB093 07500 AMC 07672 b 1 Section 20. No person shall deliver, sell, or ship 2 fireworks into or within the State of Illinois unless the 3 consignee produces the required license or evidence that the 4 consignee holds the license. No person shall purchase 5 fireworks from another person without first requiring proof 6 that the proper license required of the seller has been 7 obtained and is current and valid. 8 Section 25. The State Fire Marshal may revoke any 9 license issued under the provisions of this Act upon evidence 10 that the holder has purchased, received, sold, used, shipped, 11 or caused to be shipped any illegal fireworks in violation of 12 this Act. Notice must be given in writing to the holder of a 13 license stating cause of revocation. 14 The State Fire Marshal, in his discretion, may refuse to 15 issue another license to the holder of a license which has 16 been cancelled or revoked for the possession or sale of 17 illegal fireworks for a period not to exceed one year. 18 Section 30. The issuance of the license required under 19 this Act does not replace or relieve any person of State, 20 county, or municipal privilege licenses as required by law. 21 No license shall be issued to any applicant who does not show 22 proof of a current and valid retail sales tax number, except 23 as provided in Section 10. 24 Section 35. Nothing in this Act shall be construed as 25 applying to the shipping, sale, possession, and use of 26 special fireworks for public displays by holders of a license 27 for a public display. Application for a State license for 28 public display must be made in writing to the State Fire 29 Marshal at least 10 days before display date. The 30 application shall show that the proposed display is to be so 31 located and supervised that it will not be hazardous to -5- LRB093 07500 AMC 07672 b 1 property and that it will not endanger human lives. If the 2 display is to be performed within the limits of a 3 municipality, the application shall so state and shall bear 4 the signed approval of the chief supervisory official of the 5 fire or police department of the municipality. Licenses 6 issued shall be limited to the time specified therein and 7 shall not be transferable. 8 Section 40. It shall be unlawful for an individual, 9 firm, partnership, or corporation to possess, sell, or use 10 within the State of Illinois, or ship into the State of 11 Illinois, except as provided in Section 35 of this Act, any 12 pyrotechnics commonly known as "fireworks" other than items 13 now or hereafter classified as Class C Common Fireworks by 14 the U.S. Department of Transportation or those items that 15 comply with the construction, chemical composition, and 16 labeling regulations promulgated by the U.S. Consumer Product 17 Safety Commission and permitted for use by the general public 18 under their regulations. 19 Permitted items designed to produce an audible effect are 20 confined to small ground items which include firecrackers not 21 over 1 1/2" in length and 1/4" in diameter and containing not 22 over 50 milligrams of explosive composition and aerial 23 devices containing not over 130 milligrams of explosive 24 composition. Propelling or expelling charges consisting of a 25 mixture of charcoal, sulfur and potassium nitrate are not 26 considered as designed to produce an audible effect. 27 Items permitted and for which a license is required shall 28 include related items not classified by the D.O.T. as Class C 29 Common Fireworks, but identified under their regulations as 30 trick noisemakers, toy novelties, toy smoke devices and 31 sparklers, and shall include toy snakes, snappers, auto 32 burglar alarms, smoke balls, smoke novelty items, party 33 poppers, trick matches, cigarette loads, and morning glory -6- LRB093 07500 AMC 07672 b 1 sparklers containing not over 100 grams of composition per 2 item. Morning glory sparklers containing any chlorate of 3 perchlorate salts may not exceed 5 grams of composition per 4 item. Sparklers containing any chlorate of perchlorate salts 5 may not exceed 5 grams of composition per item. 6 Section 45. All items of special Class B Commercial type 7 ground salutes commonly known as cherry bombs, various 8 tubular salutes which exceed the limits of permitted Class C 9 items as to size or explosive composition designed to produce 10 an audible effect referred to in Section 40 of this Act, and 11 wire sparklers are expressly prohibited from shipment into, 12 possession, sale, and use within the State of Illinois for 13 any purpose. 14 Section 50. No permissible article of fireworks or 15 related items defined on Section 40 shall be sold, offered 16 for sale, possessed within the State, or used within the 17 State, except as provided in Section 35 unless it shall be 18 properly named to conform to the nomenclature of Section 40. 19 Items must be identified on the shipping cases and by 20 imprinting on the article or retail sales container or unit 21 "DOT CLASS C Common Fireworks" or other appropriate 22 classification or identification as may be applicable or 23 required by any federal agency having jurisdiction over 24 fireworks or related items, the imprint to be of sufficient 25 size and so positioned as to be readily recognized by law 26 enforcement authorities and the general public. 27 Section 55. Permissible items of fireworks, defined in 28 Section 40, may be sold at retail to residents of the State 29 of Illinois. The term "fireworks" shall not include toy paper 30 pistol caps which contain less than 25/100 grains of 31 explosive compounds, model rockets, emergency signal flares, -7- LRB093 07500 AMC 07672 b 1 and matches, the sale and use of which shall be permitted at 2 all times without a special fireworks license. Party stores 3 are also exempt from the fireworks license when selling party 4 poppers and morning glory sparklers. 5 Section 60. Placing, storing, locating, or displaying of 6 fireworks in any window where the sun may shine through glass 7 into the fireworks so displayed or to permit the presence of 8 lighted cigars, cigarettes, or pipes, within 10 feet of where 9 the fireworks are offered for sale is declared unlawful and 10 prohibited. At all places where fireworks are stored or 11 sold, there must be posted signs with the words "fireworks no 12 smoking" in letters not less than 4 inches high. 13 No fireworks shall be sold at retail at any location 14 where paints, oils, or varnishes are for sale or use unless 15 kept in the original unbroken containers, nor within 25 feet 16 of where resin, turpentine, gasoline, or other inflammable 17 substance which may generate inflammable vapors is used, 18 stored or sold. 19 Any fireworks devices that are readily accessible to 20 handling by consumers or purchasers must have their fuses 21 protected in a manner that protects against accidental 22 ignition of an item by a spark, cigarette ash, or other 23 ignition source. 24 All retail outlets selling permissible fireworks must 25 have at least one fire extinguisher readily available, or 26 several pails of water. No retail license shall be issued 27 for the sale of fireworks at retail from tents or from or in 28 a motor vehicle or from a trailer towed by a motor vehicle. 29 Section 65. It shall be unlawful to offer for retail 30 sale or to sell any fireworks, including wire sparklers, to 31 persons under the age of 21 years or to any intoxicated or 32 irresponsible person. Any person purchasing fireworks shall -8- LRB093 07500 AMC 07672 b 1 be required to show a valid driver's license or State 2 approved identification card. Permitted nonfireworks items 3 identified as snappers, trick noisemakers, toy novelties, toy 4 smoke devices, toy snakes, snappers, auto burglar alarms, 5 smoke balls, smoke novelty items, party poppers, witches 6 whistle, serpent chargers, or trick matches may be sold to 7 persons 8 years old or older. It shall be unlawful to 8 explode or ignite fireworks within 600 feet of any church, 9 hospital, asylum, public school, any enclosed building, or 10 within 200 feet of where fireworks are stored, sold, or 11 offered for sale. No person shall ignite or discharge any 12 permissible articles or fireworks within or throw them from a 13 motor vehicle while within nor shall any person place or 14 throw any ignited article of fireworks into or at a motor 15 vehicle, or at or near any person or group of people. 16 Section 70. Nothing in this Act shall be construed as 17 applying to the manufacture, storage, sale, or use of signals 18 necessary for the sale operation of railroads or other 19 classes of public or private transportation, nor as applying 20 to the military or naval forces of the United States or of 21 this State or to peace officers, nor as prohibiting the sale 22 or use of blank cartridges for ceremonial, theatrical, or 23 athletic events. 24 Section 75. Any individual, firm, partnership, or 25 corporation that violates any provisions of this Act other 26 than Section 45 shall be guilty of a Class B misdemeanor, and 27 upon conviction shall be punished by a fine of not less than 28 $1,000 or more than $2,000 or imprisoned for not less than 30 29 days or more than 90 days, or both, in the discretion of the 30 court, provided, that any person convicted of manufacturing, 31 shipping, possessing, or selling any illegal fireworks 32 described in Section 45 of this Act shall on subsequent -9- LRB093 07500 AMC 07672 b 1 violations be guilty of a felony and upon conviction shall be 2 punished by a fine of not less than $2,500 nor more than 3 $5,000 or imprisoned not less than one year or more than 3 4 years, or both, in the discretion of the court. 5 Section 80. The State Fire Marshal shall seize as 6 contraband any fireworks other than the permitted "Class C 7 Common Fireworks", any related items defined in Section 40, 8 or "special fireworks" for public displays as provided in 9 Section 35, that are sold, displayed, used, or possessed in 10 violation of this Act. The State Fire Marshal is authorized 11 to destroy any illegal fireworks seized. 12 Section 900. The State Finance Act is amended by adding 13 Section 5.595 as follows: 14 (30 ILCS 105/5.595 new) 15 Sec. 5.595. The Trauma Center Fund. 16 (425 ILCS 35/Act rep.) 17 Section 905. The Fireworks Use Act is repealed. 18 Section 999. Effective date. This Act takes effect upon 19 becoming law.