Fireworks; Public Display
Allows use of non-aerial common fireworks from 7:00 a.m. Chinese New Year's Eve to 7:00 p.m. Chinese New Year's Day. Allows use of non-aerial common fireworks only for cultural purposes. Requires permit to set off any non-aerial fireworks. Sets mandatory minimum penalty for certain violations. (SD1)
HOUSE OF REPRESENTATIVES
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII
A BILL FOR AN ACT
relating to public display.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:
"§132D-3 Permissible uses of non-aerial common fireworks. Non-aerial common fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only for a cultural use and only:
(1) From 9:00 p.m. on New Year’s Eve to 1:00 a.m. on New Year’s Day; from 7:00 a.m. Chinese New Year’s Eve to 7:00 p.m. on Chinese New Year’s Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or
(2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods described in paragraph (1);
provided that the purchase of not more than 5,000 individual non-aerial common fireworks commonly known as firecrackers shall be allowed under each permit."
SECTION 2. Section 132D-7, Hawaii Revised Statutes, is amended to read as follows:
"§132D-7 License or permit required. A person shall not:
(1) Import, store, offer to sell, or sell, at wholesale or retail, aerial common fireworks, special fireworks, or non-aerial common fireworks, unless the person has a valid license issued by the county;
(2) Possess aerial common fireworks or special fireworks without a valid license to import, store, or sell aerial common fireworks or special fireworks, or a valid permit as provided for in this chapter; [
(3) Purchase non-aerial common fireworks with a permit under section 132D-10 more than five calendar days before the applicable time period for use prescribed in section 132D-3 in the county that issued the permit[
(4) Set off, discharge, or ignite non-aerial common fireworks without a permit issued under 132D-10."
SECTION 3. Section 132D-9, Hawaii Revised Statutes, is amended to read as follows:
"§132D-9 Application for permit. The permit required under section 132D-10 or 132D-16 shall be issued by the county and be nontransferable. The county shall issue all permits for which complete applications have been submitted [
and which contain only correct information]. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of non-aerial common fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. The county shall issue permits no earlier than sixty calendar days and no later than fourteen calendar days prior to the periods for use prescribed in section 132D-3. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site."
SECTION 4. Section 132D-11, Hawaii Revised Statutes, is amended to read as follows:
"§132D-11 Fee. (a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site, and $110 for permits for public display under section 132D-16 for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The license and permit fees shall be used by each county fire department to pay the salary of an auditor of fireworks records. The auditor shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks are made only to license or permit holders under this chapter. Each importer, wholesaler, and retailer shall maintain accurate records of each purchase and sale of fireworks, and shall submit the records to the county auditor quarterly.
(b) The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks for [
displays] a single fireworks display once a year. For purposes of this section, "nonprofit community group" means an organization that is exempt from taxation under title 26 United States Code section 501.
(b)] (c) The fee for the license required under section 132D-7 shall be the fee specified in subsection (a) for each year[ ,] or fraction of a year[ , or event] in which the licensee plans to conduct business and shall be payable to the county in which the permitted activity is to occur."
SECTION 5. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person:
(1) Importing aerial common fireworks or special fireworks without having a valid license under section 132D-7 shall be guilty of a class C felony;
(2) Purchasing, possessing, setting off, igniting, or discharging aerial common fireworks or special fireworks without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial common fireworks or special fireworks without a valid license under section 132D-7[
: (A) If the total weight of the aerial common fireworks or special fireworks is twenty-five pounds or more, shall be guilty of a class C felony; or (B) If the total weight of the aerial common fireworks or special fireworks is less than twenty-five pounds, shall be guilty of a misdemeanor.]
shall be guilty of a class C felony;
(3) Who transfers or sells aerial common fireworks or special fireworks to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and
(4) Who removes or extracts the pyrotechnic contents from any fireworks and uses the contents to construct fireworks or a fireworks related device shall be guilty of a misdemeanor.
Any person violating subsection (a)(1), (2), or (3) shall be fined not less than $5,000 and imprisoned for a mandatory minimum term of not less than two years."
SECTION 6. Statutory material to be deleted is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.