320.116. Revocation and refusal of permits, when--illegal fireworks seized as contraband, return of, procedure, costs--review of action by state fire marshal, how.
Revocation and refusal of permits, when--illegal fireworks seized ascontraband, return of, procedure, costs--review of action by statefire marshal, how.
320.116. 1. The state fire marshal may revoke any permit issuedpursuant to sections 320.106 to 320.161 upon evidence that the holder hasviolated any of the provisions of sections 320.106 to 320.161.
2. The state fire marshal, in his or her discretion, may refuse toissue a permit, for a period not to exceed three years, to a person whosepermit has been revoked for the possession or sale of illegal fireworks, asreferred to in section 320.136.
3. The state fire marshal, the marshal's deputies, the marshal'sdesignees or any authorized police or peace officer shall seize ascontraband any illegal fireworks as defined pursuant to sections 320.106 to320.161. Such illegal fireworks seized in the enforcement of sections320.106 to 320.161 shall be held in custody of the state fire marshal inproper storage facilities. The person surrendering the fireworks may bringan in rem proceeding in the circuit court of the county where the fireworkswere seized. Upon hearing, the circuit court may authorize the return ofall or part of the confiscated fireworks or the court may authorize anddirect that such contraband fireworks be destroyed. If a proceeding is notbrought within thirty days, the fireworks shall be destroyed by the statefire marshal. The state fire marshal shall seize, take, remove or cause tobe removed, at the expense of the owner, all stocks of fireworks offered orexposed for sale, stored or held in violation of the provisions of sections320.106 to 320.161. All costs, including any expenses incurred with theseizure, shall be the responsibility of the adjudicated party if casedisposition is in the favor of the state fire marshal.
4. Any person aggrieved by any official action of the state firemarshal affecting their permit status including revocation, suspension,failure to renew a permit, or refusal to grant a permit may seek adetermination thereon by the administrative hearing commission pursuant tothe provisions of section 621.045, RSMo.
(L. 1985 S.B. 76 § 3, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196)