25.497.12 100th Legislative Session 1064
2025 South Dakota Legislature
House Bill 1064
Introduced by: Representative Jordan
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to permit the selling of fireworks throughout the year. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 34-37-2 be AMENDED: 3
34-37-2. A person is guilty of a Class 1 misdemeanor if the person sells, holds for 4
sale, or offers for sale, as wholesaler or retailer, any fireworks in this state without a 5
license as a wholesaler or retailer issued under this chapter. 6
Application for a license as a wholesaler or retailer shall must be made to the 7
Department of Public Safety on forms to be prescribed by the department. An application 8
shall must be accompanied by an application fee of five hundred dollars for a wholesaler's 9
license, and twenty-five dollars for a retailer's license. 10
In addition to a license as a retailer issued under this section, a retailer shall obtain 11
a retailer sales license for a fee of twenty-five dollars, for each sales period specified in 12
§ 34-37-10, during which a retailer may sell fireworks. An application for the retailer sales 13
license in any year shall be received by the department no later than fifteen days before 14
the beginning of the sales period. Any application for a retailer sales license received after 15
that date shall be denied by the department and returned to the applicant, together with 16
any application fee submitted. The retailer sales license expires sixty days after the end 17
of the sales period and is renewable annually until the application deadline for the 18
corresponding sales period. The retailer licensee shall at all times display the retailer sales 19
license at the retailer's place of business. 20
Any funds received by the department under this section shall must be deposited 21
in the state general fund. 22
Section 2. That § 34-37-2.2 be AMENDED: 23
34-37-2.2. In addition to any license required under § 34-37-2, for any sales to 24
out-of-state residents, a retailer licensee may obtain: 25 25.497.12 2 1064
Underscores indicate new language.
Overstrikes indicate deleted language.
(1) An early season license to operate from May first to June twenty-sixth, with a 1
required fee of one thousand dollars; or 2
(2) A late season license to operate from July sixth to August thirty-first, and from 3
December twenty-eighth to January first, with a required fee of one thousand dollars. 4
A retailer licensee with a license issued under this section that is located west of 5
the Missouri River shall provide any consumer with a copy of any law that prohibits the 6
use of fireworks, and a map of the Black Hills Forest Fire Protection District, with any sale 7
of fireworks, other than any a sale occurring from June twenty-seventh to July fifth. 8
A violation of this section is a Class 1 misdemeanor. 9
Section 3. That § 34-37-10 be REPEALED. 10
A person is guilty of a Class 1 misdemeanor if the person offers any fireworks for 11
sale to any other person at retail other than during the period between June twenty -12
seventh and July fifth or during the period between December twenty-eighth and January 13
first. 14
A person who is issued a license under § 34-37-2.2 may sell fireworks to out-of-15
state residents for the periods designated in § 34-37-2.2. A person who is issued a late 16
season license under § 34-37-2.2 or a retailer license under § 34-37-2 may sell any 17
fireworks to residents and nonresidents during the period from December twenty -eighth 18
to January first. 19
A retail licensee may not make any sale of fireworks between the hours of twelve 20
a.m. and seven a.m. 21