Kansas committee hears bill to expand fireworks sales window, require retailer registration and bar online sales

Senate Commerce committee members heard testimony on Senate Bill 199, which would amend the Kansas Fireworks Act to add narrower distributor categories, extend the retail fireworks season, require annual registration for both seasonal and permanent retailers, and prohibit retail sales of consumer fireworks over the Internet or by mail.

The bill’s sponsor and department staff told the committee the measure replaces the single, broad definition of “distributor” with three specific distributor categories—display fireworks distributor, article pyrotechnic distributor and unlimited distributor—adds a new permanent-retailer definition for year‑round sellers at a fixed location, and revises “fireworks season” from the current June 27–July 5 period to June 20–July 7. The bill would also make it unlawful to possess, purchase, sell or offer for sale fireworks labeled for professional use only without a current license issued by the state fire marshal. (Testimony described the measure as addressing who may sell and when, not the discharge or use of fireworks.)

Proponents said extending the period and creating a permanent-retailer category would ease severe seasonality on small businesses and nonprofit fundraisers. Jacob Marietta, who identified himself as an employee of Jake’s Fireworks, said the current short selling window leaves seasonal sellers vulnerable to weather losses and that a longer window would spread risk and revenue over more days. “I have to make my living in 6 days. I want to double that and have to make my living in 12 days now,” Marietta said.

Representatives of schools and nonprofit fundraisers testified similarly. Chris Bloomer, principal at Cape of Mount Carmel Catholic High School, said the stand his school operates provides student work experience and crucial fundraising dollars used for building improvements, instruments and operating expenses; Bloomer told the committee an extended season would give those groups a better chance to meet budget needs.

Officials from the state fire marshal’s office testified on enforcement and administrative implications. A state fire‑marshal representative said the bill would create new registration work at the marshal’s office and recommended that the agency be allowed to charge fees to fund additional staffing, inspections and enforcement. The marshal’s office also said current practice and adopted National Fire Protection Association (NFPA) standards treat retail sales as person‑to‑person and that preorders collected ahead of a physical sale (for later pickup at a stand) have been treated differently than open online sales; the office proposed language alternatives to ensure legitimate preorder activity for nonprofits is preserved while preventing out‑of‑state or evasive online sellers from circumventing state permitting and tax rules.

Committee senators asked a range of questions about local authority, definitions and practical effects. Several senators asked whether municipalities could still set time, place or manner restrictions for discharge and sales within their jurisdictions; the marshal’s office responded that chapter provisions and existing statutes provide political subdivisions authority to set local rules and permitting practices and that the bill does not change those carve‑outs. Senators asked whether retailers currently sell fireworks online; presenters said they were not aware of widespread online retail in Kansas and that some language in the bill was intended to close loopholes used by pop‑up sellers doing business without appropriate registrations or tax collection.

Testimony also raised detailed definitional questions—what counts as a “consumer firework,” whether smoke bombs or “safe and sane” items are included, and how Nov. 31‑type novelties (party poppers) are classified. Jacob Marietta said smoke bombs commonly used for gender‑reveal events are generally considered “safe and sane” in Kansas and are often sold year‑round; other questions about exact product classifications were referred to the marshal’s regulations and NFPA standards cited by the agency.

No formal committee vote on the bill was recorded during the hearing. The committee closed the hearing after proponents, agency staff and senators finished questioning.

The hearing record includes several suggested amendments and alternative language on registration, enforcement and the internet‑sales prohibition offered by the state fire marshal’s office and by proponents; committee members indicated some sponsors would consider amendments to address concerns from smaller sellers and nonprofits while preserving the bill’s broader objectives.

The committee will take up additional testimony in a subsequent session.