ENTITLED, An Act to provide for the issuance of additional retail fireworks licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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 twenty-five dollar retailer's
license in any year must be received by the department no later than 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 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 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.
An Act to provide for the issuance of additional retail fireworks licenses.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1191
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1191
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State