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Upon application by a licensed wholesaler of fireworks, a wholesaler license may be transferred from one geographic location to another within the same municipal corporation or within the unincorporated area of the same township, but only if all of the following apply:
  1. The identity of the holder of the license remains the same in the new location.
  2. The former location is closed prior to the opening of the new location and no fireworks business of any kind is conducted at the former location after the transfer of the license.
  3. The new location has received a local certificate of zoning compliance and a local certificate of occupancy, and otherwise is in compliance with all local building regulations.
  4. Every building or structure at the new location is separated from occupied residential and nonresidential buildings or structures, railroads, highways, or any other buildings or structures located on the licensed premises in accordance with the distances specified in NFPA 1124 as listed in rule 1301:7-7-80 of the Administrative Code.
  5. Neither the licensee nor any person holding, owning, or controlling a five per cent or greater beneficial or equity interest in the license has been convicted of or has pleaded guilty to a felony under the laws of this state, any other state, or the United States after July 1, 1997.
  6. The state fire marshal approves the request for the transfer. The new locations shall comply with the requirements specified in divisions (A)(1) and (A)(2) of section 3743.25 of the Revised Code whether or not the fireworks showroom at the new location is constructed, expanded, or first begins operating on and after July 1, 1997.
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