Penalty for Illegal Use or Sale of Fireworks

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Notwithstanding any provision of this chapter to the contrary, the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly violates this chapter to a monetary penalty of up to $2,500.00 for each and every act in violation of this chapter; provided, however, that the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane structure to a monetary penalty of up to $5,000.00 and, if any such person, firm, corporation, association, or partnership is a distributor, then a license revocation for not more than two years. Each sales transaction in violation of this chapter shall be a separate offense.

(Code 1981, §25-10-9, enacted by Ga. L. 2005, p. 596, § 3/SB 133; Ga. L. 2015, p. 274, § 6/HB 110; Ga. L. 2016, p. 64, § 11/HB 727.)

The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership who or which knowingly violates subsection (b) of Code Section 25-10-2 may be punished by a fine not to exceed $100.00. Each sales transaction in violation of subsection (b) of Code Section 25-10-2 shall be a separate offense."

The 2016 amendment, effective April 26, 2016, substituted the present provisions of this Code section for the former provisions, which read: "Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership that knowingly violates this chapter may be punished by a fine not to exceed $2,500.00. Each sales transaction in violation of this chapter shall be a separate offense."

Law reviews.

- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).


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