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.