323.060. Retail distributors to be registered--nonresidents to comply--immunity from liability, when--exemptions.
Retail distributors to be registered--nonresidents to comply--immunityfrom liability, when--exemptions.
323.060. 1. No person or company shall engage in this state in thebusiness of selling at retail of liquefied petroleum gas or in the businessof handling or transportation of liquefied petroleum gas over the highwaysof this state without having first registered with the commission.Registration must be in the appropriate class as determined by thedirector.
2. No person or company shall engage in this state in the business ofinstalling, modifying, repairing, or servicing equipment and appliances foruse with liquefied petroleum gas without having first registered with thecommission. Registration must be in the appropriate classes as determinedby the director.
3. Nonresidents of the state of Missouri desiring to engage in thebusiness of distribution of liquefied petroleum gases at retail, or thebusiness of installing, repairing or servicing equipment and appliances foruse of liquefied petroleum gases, shall comply with sections 323.005 to323.110 and rules and regulations promulgated hereunder.
4. No person registered pursuant to this section and engaged in thisstate in the business of selling at retail of liquefied petroleum gas or inthe business of handling or transportation of liquefied petroleum gas overthe highways of this state shall be liable for actual or punitive civildamages for injury to persons or property that result from any occurrencecaused by the installation, modification, repair, or servicing of equipmentand appliances for use with liquefied petroleum gas by any other personunless such registered person had received written notification or hadother actual knowledge of such installation, modification, repair, orservicing of equipment and appliances and failed to inspect suchinstallation, modification, repair, or servicing of equipment andappliances within thirty days after receipt of such notice or actualknowledge.
5. Nothing in this section is intended to limit the liability of anyperson for any damages that arise directly from the gross negligence orwillful or wanton acts of such person.
6. All utility operations of public utility companies subject to thesafety jurisdiction of the public service commission are exempt from theprovisions of this section.
7. Persons who only sell liquefied petroleum gas in containers havinga capacity of fifty pounds or less that have been filled by another personregistered under this chapter are exempt from the provisions of thischapter.
(L. 1963 p. 427, A.L. 1994 S.B. 782, A.L. 1998 S.B. 619, A.L. 1999 S.B. 479, A.L. 2002 S.B. 984 & 985, A.L. 2005 S.B. 182, A.L. 2007 H.B. 426)