§ 68-104-112 — Unlawful acts in the sale and handling of fireworks

Tennessee § 68-104-112

• Jurisdiction: Tennessee
• Title: 68

Text

(a) (1) To purchase any Class C common fireworks, a person must be at least sixteen (16) years of age. Any person sixteen (16) or seventeen (17) years of age who wishes to purchase Class C common fireworks must provide proof of age to the retailer or seasonal retailer by presenting a state-issued photo identification or be accompanied by an adult. It is unlawful to offer for retail sale or to sell any Class C common fireworks to any person under sixteen (16) years of age or to any intoxicated or irresponsible person. (2) It is unlawful to explode or ignite fireworks within six hundred feet (600') of any church, hospital, asylum, public school or within two hundred feet (200') of where fireworks are stored, sold or offered for sale. (3) No person shall ignite or discharge any permissible articles of fireworks within or throw any permissible articles of fireworks from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people. (4) It is unlawful for any individual, firm, partnership or corporation to sell at retail any Class C common fireworks within any county of this state having a population greater than three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census, except in municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to the 1980 federal census or any subsequent census, that permitted the sale of such fireworks before 1984; provided, that it is not unlawful for Class C common fireworks to continue to be sold by a person on a parcel of land that contains a fireworks stand, if: (A) The parcel of property upon which such fireworks are sold is either partially located in a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census, or there is disagreement concerning whether such property is wholly contained within a county having a population in excess of three hundred fifty-five thousand (355,000), according to the 2010 federal census or any subsequent federal census; and (B) Fireworks have been sold annually at such stand for a period of at least forty-five (45) years. (b) (1) All items of fireworks that exceed the limits of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred to as "illegal ground salutes" designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within this state for any purpose. This subdivision (b)(1) shall not affect display fireworks authorized by this chapter. (2) A violation of subdivision (b)(1) for a second or subsequent offense is a Class E felony. (c) Notwithstanding any other provision of law to the contrary: (1) It shall be lawful for any individual, firm, partnership, or corporation to sell at retail any D.O.T. Class C common fireworks, as defined in § 68-104-101 , within the city of East Ridge. This part shall apply to the sale of fireworks in such city; and (2) It shall be lawful for any individual, firm, partnership, or corporation to sell at retail any D.O.T. Class C common fireworks, as defined in § 68-104-101 , within a municipality with a population of not less than ten thousand one hundred seventy (10,170) nor more than ten thousand one hundred seventy-nine (10,179), according to the 2010 federal census or any subsequent census. This part shall apply to the sale of fireworks in such municipality.

Legislative History

Amended by 2019 Tenn. Acts, ch. 66, s 1, eff. 3/28/2019. Amended by 2019 Tenn. Acts, ch. 13, s 1, eff. 12/31/2020. Acts 1959, ch. 159, § 8; T.C.A., § 53-3012; Acts 1983, ch. 188, § 11; 1984, ch. 828, § 1; 1985, ch. 51, § 1; 1989, ch. 591, § 98; T.C.A., §§ 68-22-112, 68-22-114(c)(2); Acts 1999, ch. 62, § 1; 2000, ch. 860, § 1; 2000, ch. 908, § 1; 2007 , ch. 64, § 1; 2011 , ch. 475, § 1; 2012 , ch. 664, §§ 1-4.