SB2299sam001 93RD GENERAL ASSEMBLY

Sen. Denny Jacobs

Filed: 3/4/2004

09300SB2299sam001 LRB093 19660 RXD 47742 a

AMENDMENT TO SENATE BILL 2299

AMENDMENT NO. ______. Amend Senate Bill 2299 by replacing everything after the enacting clause with the following:

"ARTICLE 1. GENERAL PROVISIONS

Section 1-1. Short title. This Act may be cited as the Fireworks Sales Act.

Section 1-5. Definitions. As used in this Act:

"Consumer Fireworks" means all fireworks classified as Consumer Fireworks or as 1.4G fireworks in the regulations of the U.S. Department of Transportation, excluding wire sparklers.

"Display Fireworks" means all fireworks classified as Display Fireworks or as 1.3G fireworks in the regulations of the U.S. Department of Transportation.

"Fireworks" has the same definition as set forth in Section 2 of the Fireworks Regulation Act of Illinois.

"Importer" means any person engaged in the business of making sales of fireworks to a wholesaler.

"Office" means the Office of the State Fire Marshal.

"Person" means any individual, partnership, limited liability company, limited liability partnership, corporation, or other legal entity.

"Retailer" means any person who sells or offers fireworks for sale for use or consumption and not for resale in any form.

"Sale" means any transfer, exchange, or barter of fireworks for money and each transaction made by any person or his or her agent or employee.

"Wholesaler" means any person engaged in the business of selling fireworks to a retailer.

Section 1-10. Applicability.

(a) The term "fireworks" does not include toy paper pistol caps that contain less than 25/100 grains of explosive compounds, model rockets, emergency signal flares, and matches, the sale and use of which shall be permitted at all times without a special fireworks license. Party stores are also exempt from the fireworks license requirement when selling party poppers and morning glory sparklers.

(b) Nothing in this Act shall be construed as applying to: (i) the manufacture, storage, sale, or use of signals necessary for the operation of railroads or other classes of public or private transportation; (ii) the military or naval forces of the United States or of this State or to peace officers; or (iii) the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.

(c) This Act does not affect the validity of any local law further prohibiting or restricting the sale or use of fireworks.

Section 1-15. Enforcement. The State Fire Marshal may designate a deputy fire marshal as the "Fireworks Enforcement Officer", who shall have the responsibility of directing enforcement of the State fireworks laws. The Office is charged with the enforcement of this Act and may call upon any State, county, or municipal peace officer for assistance in the enforcement of this Act.

ARTICLE 2. LICENSES

Section 2-5. License required. It is unlawful for any person or his or her agent or employee to act as an importer, wholesaler, or retailer of fireworks in this State without having first secured a license from the Office in accordance with this Act.

It is unlawful for any person to engage in the shipment of fireworks into the State without having first secured a license from the Office in accordance with this Act.

No person may deliver, sell, or ship fireworks into or within the State of Illinois unless the receiver produces the required license or evidence that the consignee holds the license.

Section 2-10. Licenses and fees.

(a) Licenses issued by the Office shall be of the following classes:

(1) importer;

(2) wholesaler; and

(3) retailer.

If a person acts in more than one capacity as an importer, wholesaler or retailer, then that person must have the appropriate license for each capacity in which he or she acts. A person must have a separate license for each location where he or she conducts business as an importer, wholesaler, or retailer.

(b) All licenses shall be for the calendar year or any fraction thereof and shall expire on December 31 of each year.

(c) The State Fire Marshal is authorized and directed to charge for licenses issued as follows:

(1) importer, $3,500;

(2) wholesaler, $1,000; and

(3) retailer, $25.

(d) The State Fire Marshal shall deposit $200,000 of the amount received each fiscal year as license fees under this Act into the Fire Prevention Fund to be used (i) for fire prevention programs and (ii) for the costs of enforcing this Act. The State Fire Marshal shall deposit the remainder of the amount received as license fees under this Act into the General Revenue Fund.

Section 2-15. Application procedures. Applications for a license under this Act must be made to the Office on forms prescribed by the Office and shall be accompanied by the appropriate documentation and the required fee, which shall not be refundable. Every application must require the information that, in the judgment of the Office, will enable the Office to pass on the qualifications of the applicant for a license.

Section 2-20. Qualifications.

(a) To be eligible to receive and hold a license, the applicant must be located in permanent structure and be open for business 12 months each year. Fireworks stands operated by handicapped or retired persons that generate less than $15,000 gross sales annually and not-for-profit organization retailers are not required to be open 12 months of the year.

(b) No license may be issued to an individual under the age of 21 years.

Section 2-25. License transfers. No license under this Act may be transferred nor may a person operate under a license issued to any other person or under a license issued for another location, unless the Office has approved that transfer.

Section 2-30. License display and numbers.

(a) A license issued to a retailer must be displayed in the retailer's place of business. No person may purchase fireworks from an importer or wholesaler without first requiring proof that the seller has obtained the proper license and that it is current and valid.

(b) The Office shall assign a number to each license issued, and each licensee must include that number on all purchase orders, delivery receipts, and invoices issued or used by each importer or wholesaler.

Section 2-35. License revocation.

(a) The State Fire Marshal may revoke or suspend any license issued under the provisions of this Act upon a finding that the licensee has violated any of the provisions of this Act. Before a license may be revoked or suspended, the Office must provide the licensee with notice stating the grounds for the revocation or suspension and an opportunity for a hearing. The Office must promulgate rules concerning license revocation and suspension procedures.

(b) The State Fire Marshal, in his or her discretion, may refuse to issue, for a period not to exceed one year, another license to the holder of a license that has been cancelled or revoked for the possession or sale of illegal fireworks.

Section 2-40. Construction with State and local laws. The issuance of the license under this Act does not replace or relieve any person from obtaining any other State, county, or municipal privilege licenses as required by law.

Section 2-45. Display fireworks. Nothing in this Act shall be construed as applying to the shipping, sale, possession, and use of Display Fireworks for public displays by holders of a permit for a public display. Application for a State permit for public display must be made in writing to the Office at least 10 days before the display date. The application must show that the proposed display is to be so located and supervised that it will not be hazardous to property and that it will not endanger human lives. If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory official of the fire or police department of the municipality. Permits issued shall be limited to the time specified therein and shall not be transferable.

ARTICLE 3. PERMITTED FIREWORKS

Section 3-5. Permitted fireworks.

(a) Subject to the provisions of this Act, it is lawful for any person to possess, sell, or use within the State of Illinois, or ship into the State of Illinois, any fireworks that are Consumer Fireworks or those items that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission and permitted for use by the general public under their regulations.

Permitted fireworks designed to produce an audible effect are confined to (i) small ground items including firecrackers not over 1 1/2" in length and 1/4" in diameter and containing 50 milligrams or less of explosive composition and (ii) aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect.

(b) Additional permitted fireworks for which a license is required shall include:

(1) Related items not classified by the as Consumer Fireworks, but that are identified under federal regulations as trick noisemakers, toy novelties, toy smoke devices, and sparklers.

(2) Toy snakes, snappers, auto burglar alarms, smoke balls, smoke novelty items, party poppers, trick matches, cigarette loads, and morning glory sparklers containing not over 100 grams of composition per item.

Sparklers containing any chlorate of perchlorate salts may not exceed 5 grams of composition per item. Morning glory sparklers containing any chlorate of perchlorate salts may not exceed 5 grams of composition per item.

Section 3-10. Prohibited fireworks. Except as provided in Section 2-45, all items of Display Fireworks-type ground salutes commonly known as "cherry bombs", various tubular salutes that exceed the limits of permitted Consumer Fireworks as to size or explosive composition that are designed to produce an audible effect referred to in Section 3-10, and wire sparklers are expressly prohibited from shipment into and possession, sale, and use within the State of Illinois for any purpose.

ARTICLE 4. REGULATIONS

Section 4-5. Packing identification. No permissible fireworks defined on Section 3-5 may be sold, offered for sale, possessed within the State, or used within the State, except as provided in Section 2-45, unless it is identified on the shipping cases and by imprinting on the article or retail sales container or unit as "D.O.T. Consumer Fireworks" or other appropriate classification or identification as may be applicable or required by any federal agency having jurisdiction over fireworks or related items. The imprint must be of sufficient size and be positioned so as to be readily recognized by law enforcement authorities and the general public.

Section 4-10. Storage and display of fireworks.

(a) Placing, storing, locating, or displaying fireworks in any window where the sun may shine through glass onto the fireworks or to permit the presence of lighted cigars, cigarettes, or pipes within 10 feet of where the fireworks are offered for sale is declared unlawful and prohibited. At all places where fireworks are stored or sold, there must be posted signs with the words "Fireworks. No smoking." in letters not less than 4 inches high.

(b) No fireworks may be sold at retail at any location where paints, oils, or varnishes are sold or used unless the fireworks are kept in the original unbroken containers. Fireworks may not be placed, stored, or located within 25 feet of where resin, turpentine, gasoline, or other inflammable substance that may generate inflammable vapors is used, stored, or sold.

(c) Any fireworks device that is readily accessible to handling by consumers or purchasers must have their fuses protected in a manner that protects against accidental ignition by a spark, cigarette ash, or other ignition source.

(d) All retail outlets selling permissible fireworks must have at least one fire extinguisher or several pails of water readily available. No retail license may be issued for the sale of fireworks at retail from tents or from or in a motor vehicle or from a trailer towed by a motor vehicle.

Section 4-15. Prohibited sales.

(a) It is unlawful to offer for retail sale or to sell any fireworks including wire sparklers to persons under the age of 21 years or to any intoxicated person.

(b) Any person purchasing fireworks must show a valid driver's license or State-approved identification card.

(c) Permitted nonfireworks items identified as snappers, trick noisemakers, toy novelties, toy smoke devices, toy snakes, snappers, auto burglar alarms, smoke balls, smoke novelty items, party poppers, witches whistle, serpent chargers, or trick matches may be sold to persons 18 years old or older.

Section 4-20. Prohibited acts.

(a) It is unlawful to explode or ignite fireworks within 600 feet of any church, hospital, asylum, public school, or enclosed building or within 200 feet of where fireworks are stored, sold, or offered for sale.

(b) No person may ignite or discharge any permissible articles or fireworks within or throw them from a motor vehicle while within nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people.

Section 4-25. Penalties. Any person that violates any provision of this Act is guilty of a Class B misdemeanor. Any person convicted of manufacturing, shipping, possessing, or selling any illegal fireworks described in Section 3-10 of this Act shall, on subsequent violations, be guilty of a Class 4 felony.

Section 4-30. Seizure of prohibited fireworks. The State Fire Marshal shall seize as contraband any fireworks other than the fireworks permitted under Section 3-5, or fireworks for public displays as provided in Section 2-45, that are sold, displayed, used, or possessed in violation of this Act. The State Fire Marshal is authorized to destroy any illegal fireworks seized.

ARTICLE 90. AMENDATORY PROVISIONS

Section 90-5. The Illinois Explosives Act is amended by changing Sections 1003 and 2001 as follows:

(225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)

Sec. 1003. Definitions. As used in this Act:

(a) "Person" means any individual, corporation, company, association, partnership, or other legal entity.

(b) "Explosive materials" means explosives, blasting agents, and detonators.

(c) "Explosive" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion and includes high or low explosives. For purposes of the administration of this Act, the following are not considered explosives: fixed ammunition for small arms, safety fuses, matches, display fireworks, theatrical pyrotechnics and models rocket fuel. Manufactured articles, including, but not limited to, fixed ammunition for small arms, fire crackers, safety fuses, and matches are not explosives when the individual units contain explosives in such limited quantity and of such nature or in such packing that it is impossible to produce a simultaneous or a destructive explosion of such units which would be injurious to life, limb or property.

(d) "Blasting agent" means any material or mixture consisting of a fuel and oxidizer intended for blasting, not otherwise defined as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 blasting cap, as defined by the Bureau of Alcohol, Tobacco and Firearms, U.S. Department of Treasury, when unconfined.

(e) "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation. A detonator may not contain more than 10 grams of total explosives by weight, excluding ignition or delay charges.

(f) "Highway" means any public street, public highway, or public alley.

(g) "Railroad" or "railway" means any public steam, electric or other railroad or rail system which carries passengers for hire, but shall not include auxiliary tracks, spurs and sidings installed and primarily used in serving any mine, quarry or plant.

(h) "Building" means and includes any building regularly occupied, in whole or in part, as a habitation for human beings, and any church, schoolhouse, railway station or other building where people are accustomed to assemble, but does not mean or include any buildings of a mine or quarry or any of the buildings of a manufacturing plant where the business of manufacturing explosive materials is conducted.

(i) "Factory building" means any building or other structure in which the manufacture or any part of the manufacture of explosive materials is conducted.

(j) "Magazine" means any building or other structure or container, other than a factory building, used to store explosive materials. Where mobile or portable type 5 magazines are permissible and used, "magazine", for the purpose of obtaining certificates and calculating fees, means the site on which such magazines are located.

(k) "Magazine keeper" means a qualified supervisory person responsible for the inventory and safe storage of explosive materials, including the proper maintenance of explosive materials, storage magazines and surrounding areas.

(l) "Black powder" means a deflagrating or low explosive compound of an intimate mixture of sulfur, charcoal and an alkali nitrate, usually potassium or sodium nitrate.

(m) "Municipality" includes cities, villages, and incorporated towns and townships.

(n) "Fugitive from justice" means any individual who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. This term shall also include any individual who has been convicted of any crime and has fled to avoid imprisonment.

(o) "Department" means the Department of Natural Resources.

(p) "Small arms" means guns of 50 calibers or less.

(q) "Director" means the Director of Natural Resources.

(r) "Storage certificate" means the certificate issued by the Department under Article 3 of this Act that authorizes the holder to store explosive materials in the magazine for which the certificate is issued.

(s) "License" means that license issued by the Department under Article 2 of this Act authorizing the holder to possess, use, purchase, transfer or dispose of, but not to store, explosive materials.

(Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)

(225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)

Sec. 2001. No person shall possess, use, purchase or transfer explosive materials unless licensed by the Department except as otherwise provided by this Act and the Pyrotechnic Distributor Operator Licensing Act.

(Source: P.A. 93-263, eff. 7-22-03.)

Section 90-10. The Pyrotechnic Operator Licensing Act is amended by changing Sections 1, 5, 10, 30, 35, 50, 60, 65 and 90 as follows:

(225 ILCS 227/1)

Sec. 1. Short title. This Act may be cited as the Pyrotechnic Distributor Operator Licensing Act.

(Source: P.A. 93-263, eff. 7-22-03.)

(225 ILCS 227/5)

Sec. 5. Definitions. In this Act:

"Consumer fireworks" means pyrotechnic items as defined and regulated by the Consumer Product Safety Commission. Consumer fireworks are not governed by this Act.

"Display fireworks" means any substance or article defined as a Division 1.3G or 1.4 explosive by the United States Department of Transportation under 49 CFR 173.50, except a substance or article exempted under the Fireworks Use Act.

"Fireworks" has the meaning given to that term in the Fireworks Use Act.

"Lead pyrotechnic operator" means the individual with overall responsibility for the safety, setup, discharge, and supervision of a pyrotechnic display.

"Office" means Office of the State Fire Marshal.

"Person" means an individual, firm, corporation, association, partnership, company, consortium, joint venture, commercial entity, state, municipality, or political subdivision of a state or any agency, department, or instrumentality of the United States and any officer, agent, or employee of these entities.

"Pyrotechnic display" or "display" means the detonation, ignition, or deflagration of display fireworks to produce a visual or audible effect of an exhibitional nature before the public, invitees, or licensees, regardless of whether admission is charged.

"Pyrotechnic distributor" means any person, company, association, group of persons, or corporation who distributes fireworks for sale in the State of Illinois.

(Source: P.A. 93-263, eff. 7-22-03.)

(225 ILCS 227/10)

Sec. 10. License; enforcement. No person may act as a pyrotechnic distributor lead pyrotechnic operator, or advertise or use any title implying that the person is a pyrotechnic distributor lead pyrotechnic operator, unless licensed by the Office under this Act. An out-of-state person hired for or engaged in a pyrotechnic display must have a pyrotechnic distributor license issued by the Office person licensed under this Act as a lead pyrotechnic operator supervising the display. The State Fire Marshal, in the name of the People, through the Attorney General, the State's Attorney of any county, any resident of the State, or any legal entity within the State may apply for injunctive relief in any court to enjoin any person who has not been issued a license or whose license has been suspended, revoked, or not renewed, from practicing a licensed activity. Upon filing a verified petition in court, the court, if satisfied by affidavit, or otherwise, that the person is or has been practicing in violation of this Act, may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from further unlicensed activity. A copy of the verified complaint shall be served upon the defendant and the proceedings are to be conducted as in other civil cases. The court may enter a judgment permanently enjoining a defendant from further unlicensed activity if it is established that the defendant has been or is practicing in violation of this Act. In case of violation of any injunctive order or judgment entered under this Section, the court may summarily try and punish the offender for contempt of court. Injunctive proceedings are in addition to all penalties and other remedies in this Act.

(Source: P.A. 93-263, eff. 7-22-03.)

(225 ILCS 227/30)

Sec. 30. Rules. The State Fire Marshal shall adopt all rules necessary to carry out its responsibilities under this Act including licensing of pyrotechnic distributors rules requiring the training, examination, and licensing of lead pyrotechnic operators engaging in or responsible for the handling and use of display fireworks Division 1.3G (Class B) and 1.4 (Class C) explosives. The test shall incorporate the rules of the State Fire Marshal, which shall be based upon nationally recognized standards such as those of the National Fire Protection Association (NFPA) 1123 guidelines for outdoor displays and NFPA 1126 for indoor displays. The Fire Marshal shall adopt rules as required for the licensing of a lead pyrotechnic operator involved in an outdoor or indoor pyrotechnic display.

(Source: P.A. 93-263, eff. 7-22-03.)

(225 ILCS 227/35)

Sec. 35. Licensure requirements and fees.

(a) Each application for a license to practice under this Act shall be in writing and signed by the applicant on forms provided by the Office. The Office shall have the testing procedures for licensing pyrotechnic distributor as a lead pyrotechnic operator developed by October 1, 2004.

(b) After April 1, 2005, all pyrotechnic displays, both indoor and outdoor, must comply with the requirements set forth in this Act.

(c) After April 1, 2005, no individual may engage in pyrotechnic distribution without first applying for and obtaining a license from the Office. Applicants for a license must submit to the Office the following:

(1) It must have a current BATFE license for distribution of display fireworks.

(2) It must show proof of $1,000,000 in product liability insurance.

(3) It must show proof of $1,000,000 in general liability insurance.

(4) It must show proof of Illinois Worker's Compensation Insurance.

(5) Fees as established by the Office.

(6) It must provide proof of a current United States Department of Transportation (DOT) Identification Number.

(7) It must provide proof of a current USDOT Hazardous Materials Registration Number.

(8) It must provide proof of an employee training program based upon standards as outlined in the applicable NFPA guidelines. act as a lead operator in a pyrotechnic display without first applying for and obtaining a lead pyrotechnic operator's license from the Office. The Office shall establish separate licenses for lead pyrotechnic operators for indoor and outdoor pyrotechnic displays. Applicants for a license must:

(1) Pay the fees set by the Office.

(2) Have the requisite training or continuing education as established in the Office's rules.

(3) Pass the examination presented by the Office.

(d) A person is qualified to receive a license under this Act if the person meets all of the following minimum requirements:

(1) Is at least 21 years of age.

(2) Has not willfully violated any provisions of this Act.

(3) Has not made any material misstatement or knowingly withheld information in connection with any original or renewal application.

(4) Has not been declared incompetent by any competent court by reasons of mental or physical defect or disease unless a court has since declared the person competent.

(5) Does not have an addiction to or dependency on alcohol or drugs that is likely to endanger the public at a pyrotechnic display.

(6) Has not been convicted in any jurisdiction of any felony within the prior 5 years.

(7) Is not a fugitive from justice.

(e) A person is qualified to assist a lead operator if the person meets all of the following minimum requirements:

(1) Is at least 18 years of age.

(2) Has not willfully violated any provision of this Act.

(3) Has not been declared incompetent by any competent court by reasons of mental or physical defect or disease unless a court has since declared the person competent.

(4) Does not have an addiction to or dependency on alcohol or drugs that is likely to endanger the public at a pyrotechnic display.

(5) Has not been convicted in any jurisdiction of any felony within the prior 5 years.

(6) Is not a fugitive from justice.

(Source: P.A. 93-263, eff. 7-22-03.)

(225 ILCS 227/50)

Sec. 50. Issuance of license; renewal; fees nonrefundable.

(a) The Office, upon the applicant's satisfactory completion of the requirements imposed under this Act and upon receipt of the requisite fees, shall issue the appropriate license showing the name, address, and photograph of the licensee and the dates of issuance and expiration.

(b) Each licensee may apply for renewal of his or her license upon payment of the applicable fees. The expiration date and renewal period for each license issued under this Act shall be set by rule. Failure to renew within 60 days of the expiration date results in lapse of the license. A lapsed license may not be reinstated until a written application is filed, the renewal fee is paid, and the reinstatement fee established by the Office is paid. Renewal and reinstatement fees shall be waived for persons who did not renew while on active duty in the military and who file for renewal or restoration within one year after discharge from the service. A lapsed license may not be reinstated after 5 years have elapsed except upon passing an examination to determine fitness to have the license restored and by paying the required fees.

(c) All fees paid under this Act are nonrefundable.

(Source: P.A. 93-263, eff. 7-22-03.)

(225 ILCS 227/60)

Sec. 60. Conditions of renewal; change of address; duplicate license; inspection.

(a) As a condition of renewal of a license, the Office may require the licensee to report information pertaining to the person's practice in relation to this Act that the Office determines to be in the interest of public safety.

(b) A licensee shall report a change in home or office address within 10 days of the change.

(c) The licensee shall carry a copy of the pyrotechnic distributor's his or her license at all times when engaging in pyrotechnic display activity.

(d) If a license or certificate is lost, a duplicate shall be issued upon payment of the required fee to be established by the Office. If a licensee wishes to change his or her name, the Office shall issue a license in the new name upon satisfactory proof that the change of name was done in accordance with law and upon payment of the required fee.

(e) Each licensee shall permit his or her facilities to be inspected by representatives of the Office for the purpose of administering this Act.

(Source: P.A. 93-263, eff. 7-22-03.)

(225 ILCS 227/65)

Sec. 65. Grounds for discipline. Licensees subject to this Act shall conduct their practice in accordance with this Act and the rules promulgated under this Act. A licensee is subject to disciplinary sanctions enumerated in this Act if the State Fire Marshal finds that the licensee is guilty of any of the following:

(1) Fraud or material deception in obtaining or renewing a license.

(2) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities.

(3) Conviction of any crime that has a substantial relationship to his or her practice or an essential element of which is misstatement, fraud, dishonesty, or conviction in this or another state of any crime that is a felony under the laws of Illinois or conviction of a felony in a federal court, unless the licensee demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust.

(4) Performing any service in a grossly negligent manner or permitting any licensed employee of the licensee to perform a service in a grossly negligent manner, regardless of whether actual damage or damage to the public is established.

(5) Addiction to or dependency on alcohol or drugs or use of alcohol or drugs that is likely to endanger the public at a pyrotechnic display.

(6) Willfully receiving direct or indirect compensation for any professional service not actually rendered.

(7) Having disciplinary action taken against his or her license in another state.

(8) Making differential treatment against any person to his or her detriment because of race, color, creed, sex, religion, or national origin.

(9) Engaging in unprofessional conduct.

(10) Engaging in false or misleading advertising.

(11) Contracting or assisting an unlicensed person to perform services for which a license is required under this Act.

(12) Permitting the use of his or her license to enable an unlicensed person or agency to operate as a licensee.

(13) Performing and charging for a service without having the authorization to do so from the member of the public being served.

(14) Failure to comply with any provision of this Act or the rules promulgated under this Act.

(15) Conducting business regulated by this Act without a currently valid license.

(Source: P.A. 93-263, eff. 7-22-03.)

(225 ILCS 227/90)

Sec. 90. Penalties. Any natural person who violates any of the following provisions is guilty of a Class A misdemeanor for the first offense and a corporation or other entity that violates any of the following provision commits a business offense punishable by a fine not to exceed $5,000; a second or subsequent offense in violation of any Section of this Act, including this Section, is a Class 4 felony if committed by a natural person, or a business offense punishable by a fine of up to $10,000 if committed by a corporation or other business entity:

(1) Practicing or attempting to practice as a pyrotechnic distributor lead pyrotechnic operator without a license;

(2) Obtaining or attempting to obtain a license, practice or business, or any other thing of value by fraudulent representation;

(3) Permitting, directing, or authorizing any person in one's employ or under one's direction or supervision to work or serve as a licensee if that individual does not possess an appropriate valid license.

Whenever any person is punished as a repeat offender under this Section, the Office may proceed to obtain a permanent injunction against the person under Section 10. If any person in making any oath or affidavit required by this Act swears falsely, the person is guilty of perjury and upon conviction may be punished accordingly.

(Source: P.A. 93-263, eff. 7-22-03.)

(425 ILCS 35/Act rep.)

Section 90-15. The Fireworks Use Act is repealed.

ARTICLE 99. EFFECTIVE DATE

Section 99-5. Effective date. This Act takes effect upon becoming law.".