§ 1519.99 PENALTY.

   (a)   Except as otherwise provided in division (b) or (c) of this section, whoever violates any provisions of this section is guilty of a misdemeanor of the first degree.

   (b)   If the offender previously has been convicted of or pleaded guilty to a violation of R.C. § 3743.60(I) or R.C. § 3743.61(I), or a substantially equivalent municipal ordinance, a violation of § 1519.06(e) or § 1519.07(e) of this chapter is a felony to be prosecuted under appropriate state law.

   (c)   Whoever violates § 1519.03(a) of this section is guilty of a misdemeanor of the first degree. In addition to any other penalties that may be imposed on a licensed exhibitor of fireworks under this division and unless the third sentence of this division applies, the person’s license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be suspended, and the person is ineligible to apply for either type of license, for a period of five years. If the violation of § 1519.03(a) of this section results in serious physical harm to persons or serious physical harm to property, the person’s license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be revoked, and that person is ineligible to apply for a license as or to be licensed as an exhibitor of fireworks or as an assistant exhibitor of fireworks in this state.

(R.C § 3743.99(C), (D))