Changes to Existing Law

34-37-10. A Except as provided in § 34-37-2.2, a person is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person person, at retail retail, other than during the period between beginning June twenty-seventh and ending July fifth or during the period between beginning December twenty-eighth and ending January first. A person who is issued a license under § 34-37-2.2 may sell fireworks to out-of-state out-of-9 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 retailer may not make any sale of sell fireworks between the hours of twelve a.m. and seven a.m midnight and 7:00 a.m. 15

34-37-2.2. In addition to any license required under § 34-37-2, for any sales to out-of-state residents, a retailer licensee may obtain: (1) An early season license to operate from May first to June twenty-sixth, with a required fee of one thousand dollars; or (2) A late season license to operate from July sixth to August thirty-first, and from December twenty-eighth to January first, with a required fee of one thousand dollars. A retailer licensee with a license issued under this section that is located west of the Missouri River shall provide any consumer with a copy of any law that prohibits the use of fireworks and a map of the Black Hills Forest Fire Protection District with any sale of fireworks, other than any sale occurring from June twenty-seventh to July fifth. A violation of this section is a Class 1 misdemeanorIn addition to a license required under § 34-37-2, a retailer must obtain: (1) An early season license, if the retailer offers fireworks for sale from May first through June twenty-sixth; and (2) A late season license, if the retailer offers fireworks for sale from July sixth through August thirty-first. An application for a license pursuant to this section must be made to the Department of Public Safety on forms prescribed by the department and must be accompanied by a fee of one thousand dollars for each license. For every sale of fireworks that occurs outside of the dates of June twenty-seventh through July fifth, a retailer located west of the Missouri River must provide the customer with a copy of any law that prohibits the use of fireworks, and a map of the Black Hills Forest Fire Protection District. A violation of this section is a Class misdemeanor. 3