Sec. 7. (a) A retailer selling items referenced in section 8(a) of this chapter at one (1) or more temporary stands must obtain a fireworks stand retail sales permit, referred to in this section as a “permit”, from the state fire marshal.

     (b) An application for a permit must be made before June 1 of each year and must require that at least the following information be supplied by the retailer:

(1) The retailer’s retail merchant certificate number or proof of application for a certificate number.

(2) The location of each retail sales stand.

The state fire marshal shall, within seven (7) days after the receipt of an application for a permit, either issue the permit or notify the applicant of the denial of the permit.

     (c) The retailer must pay to the state fire marshal an annual permit fee set under IC 22-12-6-8. If the state fire marshal approves an application for a permit, the state fire marshal shall issue a permit to the retailer. The permit expires one (1) year after the date of issuance.

     (d) The permit shall be posted by the retailer at the retail sales stand so that it is easily seen by the public. However, the state fire marshal’s issuance of a permit does not constitute approval of the fireworks offered for sale by the retailer. The retailer is responsible for determining that all fireworks which the retailer offers for sale conform to applicable law.

     (e) At each retail sales stand, the retailer shall provide:

(1) a posted certificate of compliance, including a descriptive list of approved fireworks; and

(2) a salesperson who is at least sixteen (16) years of age.

     (f) Fireworks may not be sold at retail from a motor vehicle (as defined in IC 9-13-2-105).

     (g) Fireworks, not including those referenced in section 8(a) of this chapter, may not be sold from or stored at a temporary stand.

As added by P.L.236-1983, SEC.5. Amended by P.L.179-1991, SEC.24; P.L.1-1992, SEC.112; P.L.187-2006, SEC.8.