S.D. Codified Laws § 34-37-2

Current through the 2024 Legislative Session
Section 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.

SDCL 34-37-2

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.
Amended by S.L. 2019, ch. 154,s. 2, eff. 3/20/2019.