S-3176

   Amend Senate File 489 as follows:
   1.  By striking page 3, line 28, through page 4, line 5, and inserting: 
   <c.  Permit a retailer or community group issued a license pursuant to this section to sell consumer fireworks, as described in APA 87-1, chapter 3, at a permanent building that meets the requirements of paragraphs “a” and “d”, between June 1 and July 8 and between December 10 and January 3 each year, all dates inclusive.
   d.  (1)  Require that a retailer or community group issued a license to sell consumer fireworks, as described in APA 87-1, chapter 3, to sell and store consumer fireworks in a permanent building that meets all of the following requirements:
   (a)  The building is constructed entirely of inflammable materials.
   (b)  The building is equipped with fire alarms and fire sprinklers.
   (c)  The building is located at least two hundred feet away from any other structure.
   (d)  No other business operates in the building.
   (e)  The location and construction of the building is approved by the state fire marshal prior to the sale or storage of any consumer fireworks.
   (2)  The state fire marshal may at any time inspect a building used for the sale or storage of consumer fireworks to ensure compliance with this paragraph “d”. A retailer or community group that uses a building for the sale or storage of consumer fireworks in violation of this paragraph “d” shall be fined ten thousand dollars and shall not use such building for the sale or storage of consumer fireworks until the state fire marshal has determined that the building is in compliance with all applicable requirements.
   4A.  A retailer or community group shall not transfer consumer fireworks, as described in APA 87-1, chapter 3, to a person who is under eighteen years of age.>
   2.  Page 5, line 25, by striking <A person> and inserting <Unless otherwise provided in this section, a person>

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JANET PETERSEN