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S.F. No. 1694 - Fireworks (Second Engrossment)
 
Author: Senator Michael J. Jungbauer
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: April 18, 2012



 

OVERVIEW

S.F. 1694 authorizes the sale and use of aerial and audible devices, changes the license fee process for these items, and limits regulations imposed on the sale of sparkling devices and novelties.

 

Section 1 strikes language in current law on fireworks. The language being stricken includes the definition of fireworks and some language relating to the regulation of fireworks by local units of government.

Adds definitions for the following: “APA 87-1”, "aerial and audible devices", "display fireworks", "fireworks", "novelties", and "sparkling devices". Maintains the requirements in current law that "legal fireworks" may not be used on public property or purchased by persons younger than 18 years of age, and that persons selling legal items verify the purchaser’s age by photographic identification. (However, since the bill expands what items are legal, these restrictions are applied to a broader class of items.)

Strikes language capping the annual license fees that local units of government may charge to retail sellers of legal items. Authorizes local governments to charge a reasonable license fee to retail sellers of aerial and audible devices based on public safety and inspection factors. Prohibits local units of government from imposing other fees on the retail or wholesale sale of aerial and audible devices. Provides that counties have the same authority as statutory cities to regulate the use of aerial and audible devices, display fireworks, sparkling devices, and novelties.

Prohibits local units of government from imposing any permit, license fee, or charge on the retail or wholesale selling of novelties or sparkling devices, or from enacting any ordinance, rule, or regulation prohibiting, limiting, or restricting the wholesale or retail selling of these items.

 

KPB:tg

 
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