State of South Dakota  

912U0436   HOUSE COMMERCE AND ENERGY ENGROSSED    NO.  HB 1191 -  02/13/2013  

Introduced by:    Representatives Dryden, Bolin, Conzet, Craig, Cronin, Duvall, Feinstein, Greenfield, Haggar (Don), Haggar (Jenna), Hansen, Hawley, Hickey, Hoffman, Hunhoff (Bernie), Johns, Kopp, Magstadt, Munsterman, Novstrup (David), Olson (Betty), Romkema, Rounds, Rozum, Schaefer, Sly, Solum, Steele, Stevens, Tulson, Verchio, Werner, and Wick and Senators Kirkeby, Begalka, Brown, Heineman (Phyllis), Jensen, Jones, Novstrup (Al), Rampelberg, Rave, Van Gerpen, and White

        FOR AN ACT ENTITLED, An Act to provide for the issuance of additional retail fireworks licenses.
    Section 1. That § 34-37-2 be amended to read as follows:
    34-37-2. No person may sell, hold for sale, or offer for sale, as wholesaler or retailer any fireworks in this state unless such person has first obtained a license as a wholesaler or retailer. Application for a license as wholesaler or retailer shall be made to the Department of Public Safety on forms to be prescribed by it. Each application shall be accompanied by the required fee, which shall be five hundred dollars for a wholesaler's license, and twenty-five dollars for a retailer's license. A separate twenty-five dollar retailer's license is required for each sales period, as specified in § 34-37-10, during which a retailer may sell fireworks. Each application for a license as a retailer twenty-five dollar retailer's license in any year must be received by the

department no later than the fifteenth day of June of that year fifteen days before the beginning of the sales period. Any application for a twenty-five dollar retailer's license received after that date shall be denied by the department and returned to the applicant together with any application fee submitted. The twenty-five dollar retailer's license expires on the fourteenth day of June annually sixty days after the end of the sales period and is renewable annually until the application deadline for the corresponding sales period. The license shall at all times be displayed at the place of business of the holder thereof of the license. The funds received under the provisions of this section shall be deposited in the general fund.
    Section 2. That § 34-37-10 be amended to read as follows:
    34-37-10. No person, firm, or corporation may offer fireworks for sale to individuals at retail except during the period beginning June twenty-seventh and extending through July fifth and during the period beginning December twenty-eighth and extending through January first. Any person obtaining the special sixty-six day or the special fifty-seven day retail licenses may sell fireworks to out-of-state residents for the periods of time designated in § 34-37-2.2. Retail sales to residents and nonresidents during the December twenty-eighth through January first period may only be made by holders of a special fifty-seven day retail license established pursuant to § 34-37-2.2 and by holders of a retailer's license as provided in § 34-37-2. Retail sales are not permitted after twelve a.m. or prior to seven a.m. from the twenty-seventh day of June through the fifth day of July and from the twenty-eighth day of December through the first day of January.