68-104-112. Unlawful acts in the sale and handling of fireworks.
(a) (1) To purchase any Class C common fireworks, a person must be at least sixteen (16) years of age. Any person sixteen (16) or seventeen (17) years of age who wishes to purchase Class C common fireworks must provide proof of age to the retailer or seasonal retailer by presenting a state-issued photo identification or be accompanied by an adult. It is unlawful to offer for retail sale or to sell any Class C common fireworks to any person under sixteen (16) years of age or to any intoxicated or irresponsible person.
(2) It is unlawful to explode or ignite fireworks within six hundred feet (600¢) of any church, hospital, asylum, public school or within two hundred feet (200¢) of where fireworks are stored, sold or offered for sale.
(3) No person shall ignite or discharge any permissible articles of fireworks within or throw any permissible articles of fireworks from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people.
(4) (A) It is unlawful for any individual, firm, partnership or corporation to sell at retail any Class C common fireworks within any county of this state having a population greater than two hundred thousand (200,000), according to the 1980 federal census or any subsequent federal census, except in municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to such census, that permitted the sale of such fireworks before 1984; provided, that it is not unlawful for Class C common fireworks to continue to be sold by a person on a parcel of land that contains a fireworks stand, if:
(i) The parcel of property upon which such fireworks are sold is either partially located in a county having a population in excess of two hundred thousand (200,000) or more, according to the 1990 federal census or any subsequent federal census, or there is disagreement concerning whether such property is wholly contained within a county having a population in excess of two hundred thousand (200,000) or more, according to the 1990 federal census or any subsequent federal census; and
(ii) Fireworks have been sold annually at such stand for a period of at least forty-five (45) years.
(B) If, on April 7, 1999, a retailer, as defined by § 68-104-101(6), is located in a county that has a population of less than two hundred thousand (200,000), and if such county subsequently increases in population to the extent that a federal census establishes that it has a population of more than two hundred thousand (200,000), then such retailer or its assignees and successors may continue to sell D.O.T. Class C common fireworks at retail at the location specified in the retailer's permit. If, according to the 1990 federal census, a seasonal retailer as defined by § 68-104-101, is located in a county that has a population of less than two hundred thousand (200,000), and if such county subsequently increases in population to more than two hundred thousand (200,000), according to a subsequent federal census, then such seasonal retailers or their respective assignees and successors may continue to sell DOT Class C common fireworks at retail.
(b) (1) All items of fireworks that exceed the limits of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred to as illegal ground salutes designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within this state for any purpose. This subdivision (b)(1) shall not affect display fireworks authorized by this chapter.
(2) A violation of subdivision (b)(1) for a second or subsequent offense is a Class E felony.
68-104-112. Unlawful acts in the sale and handling of fireworks.
(a) (1) To purchase any Class C common fireworks, a person must be at least sixteen (16) years of age. Any person sixteen (16) or seventeen (17) years of age who wishes to purchase Class C common fireworks must provide proof of age to the retailer or seasonal retailer by presenting a state-issued photo identification or be accompanied by an adult. It is unlawful to offer for retail sale or to sell any Class C common fireworks to any person under sixteen (16) years of age or to any intoxicated or irresponsible person.
(2) It is unlawful to explode or ignite fireworks within six hundred feet (600¢) of any church, hospital, asylum, public school or within two hundred feet (200¢) of where fireworks are stored, sold or offered for sale.
(3) No person shall ignite or discharge any permissible articles of fireworks within or throw any permissible articles of fireworks from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people.
(4) (A) It is unlawful for any individual, firm, partnership or corporation to sell at retail any Class C common fireworks within any county of this state having a population greater than two hundred thousand (200,000), according to the 1980 federal census or any subsequent federal census, except in municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to such census, that permitted the sale of such fireworks before 1984; provided, that it is not unlawful for Class C common fireworks to continue to be sold by a person on a parcel of land that contains a fireworks stand, if:
(i) The parcel of property upon which such fireworks are sold is either partially located in a county having a population in excess of two hundred thousand (200,000) or more, according to the 1990 federal census or any subsequent federal census, or there is disagreement concerning whether such property is wholly contained within a county having a population in excess of two hundred thousand (200,000) or more, according to the 1990 federal census or any subsequent federal census; and
(ii) Fireworks have been sold annually at such stand for a period of at least forty-five (45) years.
(B) If, on April 7, 1999, a retailer, as defined by § 68-104-101(6), is located in a county that has a population of less than two hundred thousand (200,000), and if such county subsequently increases in population to the extent that a federal census establishes that it has a population of more than two hundred thousand (200,000), then such retailer or its assignees and successors may continue to sell D.O.T. Class C common fireworks at retail at the location specified in the retailer's permit. If, according to the 1990 federal census, a seasonal retailer as defined by § 68-104-101, is located in a county that has a population of less than two hundred thousand (200,000), and if such county subsequently increases in population to more than two hundred thousand (200,000), according to a subsequent federal census, then such seasonal retailers or their respective assignees and successors may continue to sell DOT Class C common fireworks at retail.
(b) (1) All items of fireworks that exceed the limits of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred to as illegal ground salutes designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within this state for any purpose. This subdivision (b)(1) shall not affect display fireworks authorized by this chapter.
(2) A violation of subdivision (b)(1) for a second or subsequent offense is a Class E felony.
68-104-112. Unlawful acts in the sale and handling of fireworks.
(a) (1) To purchase any Class C common fireworks, a person must be at least sixteen (16) years of age. Any person sixteen (16) or seventeen (17) years of age who wishes to purchase Class C common fireworks must provide proof of age to the retailer or seasonal retailer by presenting a state-issued photo identification or be accompanied by an adult. It is unlawful to offer for retail sale or to sell any Class C common fireworks to any person under sixteen (16) years of age or to any intoxicated or irresponsible person.
(2) It is unlawful to explode or ignite fireworks within six hundred feet (600¢) of any church, hospital, asylum, public school or within two hundred feet (200¢) of where fireworks are stored, sold or offered for sale.
(3) No person shall ignite or discharge any permissible articles of fireworks within or throw any permissible articles of fireworks from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people.
(4) (A) It is unlawful for any individual, firm, partnership or corporation to sell at retail any Class C common fireworks within any county of this state having a population greater than two hundred thousand (200,000), according to the 1980 federal census or any subsequent federal census, except in municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to such census, that permitted the sale of such fireworks before 1984; provided, that it is not unlawful for Class C common fireworks to continue to be sold by a person on a parcel of land that contains a fireworks stand, if:
(i) The parcel of property upon which such fireworks are sold is either partially located in a county having a population in excess of two hundred thousand (200,000) or more, according to the 1990 federal census or any subsequent federal census, or there is disagreement concerning whether such property is wholly contained within a county having a population in excess of two hundred thousand (200,000) or more, according to the 1990 federal census or any subsequent federal census; and
(ii) Fireworks have been sold annually at such stand for a period of at least forty-five (45) years.
(B) If, on April 7, 1999, a retailer, as defined by § 68-104-101(6), is located in a county that has a population of less than two hundred thousand (200,000), and if such county subsequently increases in population to the extent that a federal census establishes that it has a population of more than two hundred thousand (200,000), then such retailer or its assignees and successors may continue to sell D.O.T. Class C common fireworks at retail at the location specified in the retailer's permit. If, according to the 1990 federal census, a seasonal retailer as defined by § 68-104-101, is located in a county that has a population of less than two hundred thousand (200,000), and if such county subsequently increases in population to more than two hundred thousand (200,000), according to a subsequent federal census, then such seasonal retailers or their respective assignees and successors may continue to sell DOT Class C common fireworks at retail.
(b) (1) All items of fireworks that exceed the limits of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred to as illegal ground salutes designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within this state for any purpose. This subdivision (b)(1) shall not affect display fireworks authorized by this chapter.
(2) A violation of subdivision (b)(1) for a second or subsequent offense is a Class E felony.
