34-37-10. Periods and time during which retail sales permitted--Violation as misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person at retail other than during the period between June twenty-seventh and July fifth or during the period between December twenty-eighth and January first.
A person who is issued a license under §34-37-2.2 may sell fireworks to out-of-state residents for the periods designated in §34-37-2.2. A person who is issued a late season license under §34-37-2.2 or a retailer license under §34-37-2 may sell any fireworks to residents and nonresidents during the period from December twenty-eighth to January first.
A retail licensee may not make any sale of fireworks between the hours of twelve a.m. and seven a.m.
Source: SL 1949, ch 41, §2; SDC Supp 1960, §13.1607-1; SL 1964, ch 31, §1; SL 1983, ch 259, §8; SL 1985, ch 282, §2; SL 1986, ch 27, §33; SL 2011, ch 162, §2; SL 2013, ch 161, §2; SL 2019, ch 154, §8, eff. Mar. 20, 2019.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Section 34-37-1 - Definition of terms.
Section 34-37-2.1 - Minimum age for sale or dispensing of fireworks--Violation as misdemeanor.
Section 34-37-3 - Prohibited fireworks--Manufacture or use as misdemeanor.
Section 34-37-4 - Possession, sale, or use of unauthorized fireworks--Misdemeanor.
Section 34-37-5 - Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor.
Section 34-37-6 - Submission of fireworks for examination by department--Violation as misdemeanor.
Section 34-37-7 - Exemptions from chapter.
Section 34-37-8 - Unlicensed transportation of fireworks into state for sale--Misdemeanor.
Section 34-37-9 - Records to be kept by licensee--Inspection--Violation as misdemeanor.
Section 34-37-10 - Periods and time during which retail sales permitted--Violation as misdemeanor.
Section 34-37-10.1 - Sale from motor vehicle--Misdemeanor.
Section 34-37-10.2 - Exits from structures where fireworks sold--Violation as misdemeanor.
Section 34-37-10.5 - Open flame on retail premises as misdemeanor--Fire extinguisher required.
Section 34-37-12.1 - Evidence of delivery outside of state--Violation as misdemeanor.
Section 34-37-15 - Revocation, suspension, or nonrenewal of license.
Section 34-37-16 - Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.
Section 34-37-16.2 - Certain fireworks permitted all year.
Section 34-37-17 - Enforcement of chapter.
Section 34-37-18 - Record forms prescribed by secretary.
Section 34-37-19 - County regulation of fireworks--Use of South Dakota grassland fire danger index.