23-15-04. Exceptions.
362 words·~2 min read·
/nd/title-23/chapter-23-15-fireworks/23-15-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. This chapter does not prohibit:
a. A licensed wholesaler, dealer, or jobber from selling at wholesale fireworks that
are not prohibited.
b. The sale of any kind of fireworks for shipment directly out of the state.
c. The use of fireworks by transportation agencies for signal purposes or
illumination.
d. The sale or use of blank cartridges for a show or theater, for signal or ceremonial
purposes in athletics or sports, or for use by military organizations.
2. An application for a license as distributor must be made to the state fire marshal on
forms prescribed by the state fire marshal. An application for a license as a retailer
must be made to the county sheriff on forms prescribed by the state fire marshal. Each
application must be accompanied by the required fee, which must be two hundred fifty
dollars for a distributor's license and twenty dollars for a retailer's license. Fees for
distributors' licenses must be deposited in the insurance regulatory trust fund in the
state treasury and fees for retailers' licenses must be deposited in the county general
fund. The license is valid only for the calendar year in which issued and must at all
times be displayed at the place of business of the licensee. The licenses are in
addition to any other license required by law or municipal ordinance. The licensing
provisions of this section do not apply to a retailer who is required to become licensed
by any municipality. Any license fee levied by a municipality must be deposited in the
municipality's general fund.
3. A person not licensed as a wholesaler or retailer may not bring any fireworks into this
state, and a retailer may not sell any fireworks that have not been purchased from a
wholesaler licensed under this chapter. A person licensed under this chapter shall
keep available for inspection by the state fire marshal or any sheriff, police officer, or
local fire marshal a copy of each invoice for fireworks purchased as long as any
fireworks included on the invoice are held in the licensee's possession, which invoice
must show the license number of the wholesaler from whom the purchase was made.