34-37-2. Licenses required for sale of fireworks--Application--Duration--Display--Violation as misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this state without a license as a wholesaler or retailer issued under this chapter.
Application for a license as wholesaler or retailer shall be made to the Department of Public Safety on forms to be prescribed by the department. An application shall be accompanied by an application fee of five hundred dollars for a wholesaler's license, and twenty-five dollars for a retailer's license.
In addition to a license as a retailer issued under this section, a retailer shall obtain a retailer sales license for a fee of twenty-five dollars, for each sales period specified in §34-37-10, during which a retailer may sell fireworks. An application for the retailer sales license in any year shall be received by the department no later than fifteen days before the beginning of the sales period. Any application for a retailer sales license received after that date shall be denied by the department and returned to the applicant, together with any application fee submitted. The retailer sales 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 retailer licensee shall at all times display the retailer sales license at the retailer's place of business.
Any funds received by the department under this section shall be deposited in the state general fund.
Source: SL 1964, ch 31, §§3, 4; SL 1977, ch 190, §101; SL 1982, ch 18, §101; SL 1998, ch 213, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2013, ch 161, §1; SL 2019, ch 154, §2, 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.