28 Tex. Admin. Code § 34.815
Retail Permits
Effective Dec 8, 200227 TexReg 11562Source 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.Texas Secretary of State
- (a) A retail permit shall be required for each retail stand or other retail sales location.
(b) Retail permits may be obtained at any time of the year from any participating manufacturer, distributor, or jobber holding a valid license to do business in Texas or from the state fire marshal, and shall be signed by the applicant prior to said permit becoming effective.
- (1) A retail permittee shall 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 shall be in compliance with §34.823 of this title (relating to Bulk Storage of Fireworks 1.4G).
- (3) Fireworks 1.4G shall 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 the Occupations Code Chapter 2154 and the fireworks rules, or a condensed version thereof, shall be provided to the purchaser of a retail permit by the participating licensee at the time the permit is issued. Copies of the Occupations Code Chapter 2154 and the fireworks rules shall be made available through the State Fire Marshal's office.
(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.
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.