Periods and time during which retail sales permitted--Violation as misdemeanor.

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34-37-10. Periods and time during which retail sales permitted--Violation as misdemeanor.

A person is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person at retail other than during the period between June twenty-seventh and July fifth or during the period between December twenty-eighth and January first.

A person who is issued a license under §34-37-2.2 may sell fireworks to out-of-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 may not make any sale of fireworks between the hours of twelve a.m. and seven a.m.

Source: SL 1949, ch 41, §2; SDC Supp 1960, §13.1607-1; SL 1964, ch 31, §1; SL 1983, ch 259, §8; SL 1985, ch 282, §2; SL 1986, ch 27, §33; SL 2011, ch 162, §2; SL 2013, ch 161, §2; SL 2019, ch 154, §8, eff. Mar. 20, 2019.


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