Current through Register No. 45, November 7, 2024
Section Saf-C 2606.06 - Denial of a State License to Sell or Market Permissible Fireworks(a) Each application for a statelicense to sell or market permissible fireworks shall be reviewed by the department in accordance with RSA 541-A:29.(b) The applicant shall be notified of any apparent errors or omissions in the application and allowed to resubmit the application.(c) The department shall deny a license pursuant to RSA 160-C:3, II through IV if: (1) The applicant does not have a valid permit for the sale of fireworks, pursuant to title 18 of the United States Code;(2) The applicant does not have a valid local permit for the sale of fireworks, pursuant to RSA 160-C:3, I;(3) The applicant does not have a place of business within the municipality;(4) The business will not be located in a permanent structure;(5) The building in which the business will be located, including any storage facility, does not comply with applicable fire safety codes, building codes, zoning codes and local ordinances including all applicable provisions of the state building code and the state fire code pursuant to Saf-C 6000;(6) The applicant has been: a. Convicted of any offense involving fireworks or explosives within 2 years prior to the application which has not been annulled; orb. Found to have violated any fireworks or explosive laws or rules within 2 years prior to the application;(7) The applicant has been convicted of a felony, or, if the license were to be issued to a partnership, limited liability company, or corporation when a partner, director, officer, member, or any other person with a controlling interest in the operation of the business has been convicted of a felony.(8) The applicant is younger than 21 years of age;(9) The applicant has not provided proof of insurance, pursuant to Saf-C 2603;(10) The issuance of a license is contrary to state or federal law;(11) The applicant has failed to comply with a lawful order of the marshal or local fire chief concerning the state building code or the state fire code;(12) Storage does not comply with applicable federal, state or local laws and rules for the storage of fireworks and related materials; or(13) The applicant has not paid the applicable fee pursuant to RSA 160-C:3, VII.(d) Pursuant to RSA 160-C:VI-a, an applicant who has been denied a state license to sell or market permissible fireworks pursuant to (c) above shall, upon request, be granted a hearing before the bureau of hearings of the department of safety. All hearings shall be conducted in accordance with Saf-C 200.N.H. Admin. Code § Saf-C 2606.06
Derived From Volume XXXV Number 10, Filed March 12, 2015, Proposed by #10784, Effective 2/13/2015, Expires 2/13/2025.