View Full Version : Five Pa. fireworks sellers caught
displayfireworks1
10-21-2014, 09:48 PM
Five Pa. fireworks sellers caught in undercover consumer protection sweep
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Attorney General Kathleen G. Kane announced today that her office has taken action against five businesses throughout the Commonwealth that allegedly sold fireworks to Pennsylvania consumers in violation of the law.
Undercover purchases as part of a statewide sweep conducted by agents of the Attorney General’s Bureau of Consumer Protection uncovered five Pennsylvania businesses allegedly violating the Pennsylvania Unfair Trade Practices and Consumer Protection Law by failing to follow the requirements of Pennsylvania’s fireworks restrictions.
“These laws were designed to ensure the safety of consumers,” Attorney General Kane said. “Our actions today underscore my commitment to the consumers of Pennsylvania.”
The Bureau of Consumer Protection filed a lawsuit against A-Rocket Fireworks, 1 Constitution Blvd., Aliquippa, Beaver County. The action alleges that A-Rocket Fireworks bypassed the legal requirements of the Fireworks Law including the official municipal permit process and allegedly issued its own “shooting permits” so it could sell consumer fireworks illegally to Pennsylvania consumers. The suit seeks injunctive relief and civil penalties for each violation of the law.
In addition, settlements were filed against four companies that have agreed to pay a total of $14,000 in civil penalties and $8,000 in costs of investigation, along with injunctive relief that will restrict the manner in which they sell fireworks in the future:
•Sky King Fireworks of Erie Inc., 12261 E. Main Road, Erie County;
•F & V Fireworks LLC, 2212 State Line Road, Enon Valley, Lawrence County;
•Fireworks by Tony Donnora Inc., 250 Fireworks Lane, Farr Hollow Road, SR 3001, Forkston Township, Wyoming County; and
•Pizza Paul’s Fireworks LLC, 56 Dorchester Drive, Dallas, Luzerne County.
Under Pennsylvania’s Fireworks Law, Pennsylvania consumers must have a valid permit from the local government where they intend to display the fireworks. This must specify where and when the fireworks can be displayed.
As part of the permit process, the law states that a local government is to designate its fire chief or other person to ensure, after proper inspection, that the fireworks will be handled by a competent operator so the use of the fireworks is not a danger to people or property..
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They actually missed at least one more than I know of. When I told Joyce at Kneppys about this a year or two ago , she said it was not a good idea. I think you were right Joyce. Before I explain in another post how all this was supposed to work, would someone like to comment on how they think this worked? I remember when I first heard of it, I thought it was a great idea, even though I knew it was legal bullshit to shoot fireworks. I will explain in another post.
jknepp1954
10-22-2014, 09:06 AM
As I had said in another forum, there is more to this story than what this article says.
But not at liberty to go in depth on forum
PGH_Pyro
10-22-2014, 11:06 AM
I ventured into A-Rocket a couple of times (was closed once and ended up not buying anything, second time.)
It was a strange Twilight Zone atmosphere in there .
I guess I am not surprised to read about this .
I have gotten advertisements from "F & V Fireworks " in a local/regional pennsysaver type thing that gets mass-mailed all over Western PA. or south-western pa, maybe . Very colorful ads with "get a permit on site" and etc.
N3OQO
10-22-2014, 04:17 PM
We were in a store here in pa, and was told I could purchase a permit there for 20 bucks and then could buy fireworks. I think the guys credibility beat us out the door. If you can lie and distort the law like that, I'm not buying from you even IF I have a legally obtained permit.
jknepp1954
10-22-2014, 04:45 PM
We were in a store here in pa, and was told I could purchase a permit there for 20 bucks and then could buy fireworks. I think the guys credibility beat us out the door. If you can lie and distort the law like that, I'm not buying from you even IF I have a legally obtained permit.
I ventured into A-Rocket a couple of times (was closed once and ended up not buying anything, second time.)
It was a strange Twilight Zone atmosphere in there .
I guess I am not surprised to read about this .
I have gotten advertisements from "F & V Fireworks " in a local/regional pennsysaver type thing that gets mass-mailed all over Western PA. or south-western pa, maybe . Very colorful ads with "get a permit on site" and etc.
the permit law has been on the books the same since 1939....but for some reason this NEW way of obtaining permits (if you want to call it that) has me and many other dealers scratching our heads.
AS for us - we give you a BLANK application - up to the end user to go get it filled out at THEIR local municipality - not MY locals...
displayfireworks1
10-22-2014, 08:45 PM
I spoke with A-Rocket fireworks, A-Rocket is not going to settle with the Attorney Generals office like the other fireworks company's did. There intent is to fight the charges. One of their legal strategies are , there is no consistent standard for what constitutes a "Fireworks Permit" in the state of Pennsylvania. You may remember A-Rocket fireworks from my Sisters Brand Fireworks video. They are no stranger to controversy. I released a public video to my subscribers about the event.
https://www.youtube.com/watch?v=88454g36xBE
http://cbspittsburgh.files.wordpress.com/2014/10/fireworks.jpg?w=770
http://cbspit.images.worldnow.com/images/10743184_vf.jpg
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http://pittsburgh.cbslocal.com/2014/10/21/attorney-general-suing-beaver-co-illegal-fireworks-company/
Westpapyro
10-22-2014, 08:54 PM
I stopped by an F&V this year, spur of the moment type deal, anyway I was told as a Pa resident I needed a permit, I said ok I have one but not on me maybe I'll look around and come back? They all of a sudden changed it to I needed to buy their $20 permit from their township to make it legally out of their township? They said I would get in big trouble, I said that doesn't make sense? I'm not lighting anything in their township? Anyway looked around and left buying nothing! I was not buying there B.S. Permit!
Just my two cent experience this summer close to the fourth, they even had Froggy radio there playing DJ and games. The permit I think was on a two copy paper contract type, they got one copy and you got the other! If I would have paid that phony $20 I'd be back there today with my copy demanding my money back!
Chuck
displayfireworks1
10-22-2014, 09:19 PM
Without naming specific dealers, the ones that charged for the permits would waive the fee if you purchased $400.00 worth of fireworks. I heard part of the $20.00 went to the either the township issuing the permit or the fire department. Someone had to be on standby during the monthly open shoot. LOL
http://media.philly.com/images/062409_fire_400.jpg
Guess who is in back of this car.LOL
http://i.ytimg.com/vi/7JccGrwrYKI/0.jpg
Without naming specific dealers, the ones that charged for the permits would waive the fee if you purchased $400.00 worth of fireworks. I heard part of the $20.00 went to the either the township issuing the permit or the fire department. Someone had to be on standby during the monthly open shoot. LOL
http://media.philly.com/images/062409_fire_400.jpg
Guess who is in back of this car.LOL
http://i.ytimg.com/vi/7JccGrwrYKI/0.jpg LMAO!!! Dave
N3OQO
10-23-2014, 04:57 PM
The law here in PA needs to be updated, it's high time. 1.4 fireworks are safer than ever and everyone is using them regardless of the confusing, insane laws. Keep the revenue here and the taxes. Restrict the hours and dates and be done with it.
MIpyro
10-23-2014, 05:46 PM
That's what they have done here in MI. They just tacked on a safety fee on 1.4 items of another MI tax amount of the purchase price. So if you spend $1000, you pay an extra $62. We basically pay double tax on 1.4g, but not 1.3. but we are allowed to shoot the day before, of and after a major holiday without permits. Then with our club shoots, we can shoot whatever we want, which I love.
displayfireworks1
10-23-2014, 06:28 PM
I know this may initially sound strange. People that currently sell consumer fireworks do not want consumer fireworks to go full legal. Think about that for minute and tell me if you can guess why. Remember what TNT did in one of those southern states I can't remember it may have been Virginia. TNT fought to keep the state "Safe And Sales" only.
PGH_Pyro
10-23-2014, 08:19 PM
yes, TNT has professional lobbyist-type people that go into states that are considering /trying to legalize aerials and they work overtime to shut it all down so they can just sell their crappy novelty pyro and fountains .
displayfireworks1
10-23-2014, 09:06 PM
Yes you are correct.
Here is a link to a communications firm that specializes in public relations and dealing with government entities. Scroll down to see the client list.
http://www.odwyerpr.com/pr_firms_database/prfirm_detail.htm?prid=%7B2F420FC7-D7CD-44F0-BD49-2EE8C2DA327F%7D
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This is probably one of a few, you need more than one geographically. This one handles the west coast area.
Northern Sky
10-23-2014, 10:13 PM
TNT doesn't want the state to go full 1.4 because they have all the novelties in all the stores across PA. Phantom has Bridk and mortar stores and both put tents up around the 4th that I have seen.
jknepp1954
10-24-2014, 09:22 AM
TNT and Phantom are NOT the only ones who do not want PA to go legal.
Think about it...where are the bulk of the stores in PA - along the borders of the state - except for a few odd ball dealers like myself.
They are focusing in on the "out of state customer" - really don't care about the PA customer. I have been chased out of 4 PA stores cause they won't even let a PA resident step foot into store. Although i had just recently seen a Phantom billboard that says "Pa residents now welcome". Has anyone (pa resident) been to a phantom store recently? My last attempted visit was 3 years ago...
[QUOTE I have been chased out of 4 PA stores cause they won't even let a PA resident step foot into store.[/QUOTE] Wow! That is F'ed up! Its sad that the greediness of these companies and businesses help cause pyros in some states to loose the fight to take there state to full product! All true pyros need to put together a list of companies and businesses to boycott. I want to know so I will NEVER again give them a damn penny in the future!
displayfireworks1
06-29-2016, 05:04 PM
I have some updated information on this Pennsylvania issue. You are going to need to logged onto your user account to view the document.
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What other fireworks website are you going to go to , to get this type of extensive fireworks stuff? I'm working hard to keep pyrotalk in the know and the number one website for the fireworks enthusiast .
jknepp1954
06-29-2016, 06:11 PM
Never mind - sorry
PyroMike79
06-30-2016, 01:02 AM
I would be curious to know if there was any response from the local fire officials or municipality. The way I am reading this is that the seller sought permission from the local authorities to issue shooter permits for people to use his own shoot site. He has actual written documentation of their having authorized this. Now, whether or not this is permissible under the law aside, I would think that formal authorization from any governmental or quasi governmental agency would place any burden of wrong doing squarely on the shoulders of that person or body. Perhaps the court considered this and that is why no monetary penalties were issued.
I am from Illinois and our fireworks laws here are a confusing nightmare-and I would assume Pennsylvania has many of the same ambiguities and vagaries. But if I seek out the council of the officials charged with governing the procedures for issuing permits (or any other governmental matter) I have to assume that their recommendations are correct. Especially when said recommendations are put down in writing. In this case it appears the court ruled that the officials abdicated their responsibility to the seller when it was not within their purview to do so. How could this be considered to be the fault of the seller? I'm not saying this guy was a babe in the woods; he probably knew he was riding a fine line but once they issued him that piece of paper okaying the shooter permits, I feel his obligation under the law was fulfilled.
Bobby Peru
06-30-2016, 07:04 AM
http://www.pennlive.com/news/2016/06/wait_residents_can_legally_buy.html
displayfireworks1
06-30-2016, 08:13 AM
You at least have to respect the fact that A-Rocket Fireworks did not just pay the $22,000 like everyone of the other companies listed. I am still tryingto find out if each of those companies was changed the $23,000 or if that was the total find split between all the companies listed. It looks like fighting it paid off for A-Rocket.
I always say you would never know it by my behavior but Pennsylvania is a ground based fountain state. The real customer for Pennsylvania fireworks stores is the out of state customer. An out of state customer just signs with a promise they will follow the rules in the their state. A Pennsylvania resident has to show proof they have permission. They can not buy with just a promise like an out of state person can.
This Pennsylvania permit thing is basically a piece of paper signed by someone in city government , it can even be a fireman. To tell you the truth anyone can sign it because as I was told by one of my sources , they really don't check them or attempt to verify for authenticity. I can not find one case where someone was prosecuted for turning in a fake signed permit.
I am glad at least one of the five Pennsylvania companies did not immediately settle and just pay the money. By A-Rocket fighting the Pennsylvania attorney general it brings to light how silly all of this is. With the national trend for complete legalization it appears a majority of Pennsylvania fireworks distributors are fighting against it. That may initially sound strange to you, the problem for them is they are geographically in a poor position because over the years they build their stores and strategies against the Pennsylvania borders to attract out of state customers from New York , Ohio , West Virginia , Maryland , New Jersey etc. If Pennsylvania goes full legal , all the new stores that will open in the Pittsburgh , Harrisburg and Philadelphia will get the business. Plus maybe even Walmart will start selling. The geographic marketing strategy will suddenly shift. They have to fight against it. If Pa goes full legal, they can not compete. People that sell fireworks like monopolies and have become used to it. United States does not like business monopolies, i am surprised this has all lasted so long.
nayslayer
06-30-2016, 08:16 AM
Some places in PA don't even bother with you signing anything.
barnbiketom
06-30-2016, 09:49 AM
Calls to TWO local municipalities here yesterday proved fruitless lol.. this is bullshit. I cannot legally buy the strobes I want for my party ANYWHERE , and that is BS lol. I support SB1055 and have emailed all the people responsible , and have really let them have it lol.
I'll just go out of state like i have for 50 years , and hope for the best. Dave, I'll be doing the ATF DVD stuff from you very soon, thanks for this forum and all the other people, thanks also!!
jknepp1954
07-01-2016, 12:19 AM
What you all don't know is there has been a DRAFTed changed for SB1055. just keep an eye out -you will see many major changes to the Nov printers edition.
Since it is still in DRAFT form - it could change tomorow AGAIN
barnbiketom
07-01-2016, 02:24 PM
What you all don't know is there has been a DRAFTed changed for SB1055. just keep an eye out -you will see many major changes to the Nov printers edition.
Since it is still in DRAFT form - it could change tomorow AGAIN
10-4 on that....
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