§ 8-17-226 — Effect of Article on Validity of City Ordinances

(a) This article does not affect the validity of any city ordinance further restricting the sale or use of aerial devices and audible ground devices, including the authority to adopt ordinances related to aerial devices, sparkling devices, and audible ground devices in accordance with Section 11-45-9.1.
(b) A municipality may enact an ordinance further restricting the sale or use of sparkling devices or novelties. The State Fire Marshal shall keep a current listing of those municipalities that have enacted an ordinance further restricting the sale or use of sparkling devices or novelties. This subsection shall not affect any existing ordinance in a Class 1 municipality.
(c) Nothing in this section shall be construed to limit or restrict a municipality from including the revenue derived from the devices listed above from the gross receipts calculation used as the basis for a retailer’s existing business license as provided in Section 11-51-90.

Legislative History

(Acts 1981, No. 81-409, p. 638, §17; Acts 1987, No. 87-563, p. 876, §8; Act 2021-399, §1.)