| (a) A retail permit is required for each retail stand
or other retail sales location.
(b) Retail permits may be obtained at any time from
any participating manufacturer, distributor, or jobber holding a valid
license to do business in Texas or from the state fire marshal, and
must be signed by the applicant prior to the permit becoming effective.
(1) A retail permittee must purchase Fireworks 1.4G
only from a distributor or jobber licensed in this state.
(2) Bulk storage of Fireworks 1.4G by a retail permittee
must be in compliance with §34.823 of this title (relating to
Bulk Storage of Fireworks 1.4G).
(3) Fireworks 1.4G must be sold to the general public
only at legally permitted retail fireworks sites and during the legal
selling periods defined in the Occupations Code §2154.202.
(4) A copy of Occupations Code Chapter 2154 and the
fireworks rules, or a condensed version thereof, must be provided
to the purchaser of a retail permit by the participating licensee
at the time the permit is issued. Copies of Occupations Code Chapter
2154 and the fireworks rules will be made available through the State
Fire Marshal's Office.
(5) Prior to the issuance of a retail permit, the applicant
must present evidence of a valid current sales tax permit issued by
the state comptroller, and the sales tax permit number must be entered
on the retail fireworks permit by the person issuing the permit.
(6) Retail permits may only be issued to individuals
or groups engaged in the retail sales of fireworks.
(c) Any licensee purchasing books of permits for sale
to retail operators shall properly account for all permits received.
(1) The licensee who issues retail permits shall return
books containing duplicate copies of each issued permit to the State
Fire Marshal's Office within a week from the time the last permit
in each book has been issued. All used and unused permits shall be
returned no later than March 1 of each year.
(2) The returned copies in each book are considered
the official record of retail permits sold.
(3) A licensee may exchange any unissued retail permit
which has not been voided or otherwise rendered unusable for a new
permit at the end of each year following expiration.
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| Source Note: The provisions of this §34.815 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective June 4, 1993, 18 TexReg 3300; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective September 14, 1998, 23 TexReg 9571; amended to be effective December 8, 2002, 27 TexReg 11562; amended to be effective February 14, 2013, 38 TexReg 662 |
