CHAPTER 160-C
SUMMARY

160-C:2 Sale of Permissible Fireworks, Penalty

~ Shall have a federal permit to sell display fireworks issued in accordance with Title 18 of the United States Code.

~ Shall have a local permit to sell permissible fireworks.

~ Shall have a state license to sell permissible fireworks.

~ Shall not sell fireworks to anyone that is under 21 years of age, or appears to be under the influence of drugs or alcohol.

160-C:3 Requirements for the sale of Permissible Fireworks

~ Any person who desires to sell permissible fireworks shall apply to the municipality in which the permissible fireworks are to be sold. Such application shall be in a form prescribed by the commissioner.

~ No permit to sell permissible fireworks shall be issued by a governing body without prior approval of the police chief, fire chief, and building inspector.

~ Any municipality may charge a fee for the permit or application.

~ Once a municipal permit to sell permissible fireworks is obtained, the person shall apply for a state license to sell permissible fireworks. Such application shall be in a form prescribed by the commissioner.

~ Businesses shall be located in a permanent structure.

~ The structure shall meet all applicable fire safety, building codes, zoning codes, and any local ordinance requirements.

~ No license shall be issued to a person who:

1) Has been convicted of an offense involving fireworks or explosives within two (2) years prior to the application.
2) Has been found to have violated any fireworks or explosive laws, rules, or regulations within two (2) years prior to the application.
3) Has been found to be under 21 years of age.

~ Prior to the issuance of any license, the department of safety may conduct an inspection of the site, including all buildings, at which permissible fireworks are to be sold or stored.

~ No person under the age of 21 shall be engaged in the business of handling or selling any permissible fireworks; provided, however, that a person less than 21 years of age but at least 18 years of age may handle and sell permissible fireworks at a licensed sales location if he or she is under the direct supervision of a person 21 years of age or older.

~ No licensee shall employ a person to handle or sell fireworks who has been convicted of any offense involving fireworks or explosives within the past two (2) years or who has been found to have violated any fireworks or explosives laws, rules, or regulations within the past two(2) years.

160-C:11 Possession and display of Permissible Fireworks

~ Any person 21 years of age or older may possess permissible fireworks except in a municipality which has voted to prohibit possession.

~ Any person 21 years of age or older may display permissible fireworks on private property with the written consent of the owner, or in the owners presence, except in a municipality which has voted to prohibit display.