New Mexico § 60-2C-8 - Retail sales or storage of fireworks; regulated activities

§ 60-2C-8. Retail sales or storage of fireworks; regulated activities

A. Fireworks may not be sold at retail without a retail permit. The permit shall be at the location where the retail sale takes place. B. All places where fireworks are stored, sold or displayed shall be in compliance

with the code of safety standards published by the national fire protection association

for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnics

articles. C. It is unlawful to offer for sale or to sell fireworks to children under the age

of sixteen years or to an intoxicated person. D. At all places where fireworks are stored, sold or displayed, the words “NO SMOKING”

shall be posted in letters at least four inches in height. Smoking, open flames and any ignition source are prohibited within twenty-five feet

of fireworks stock. E. Fireworks shall not be stored, kept, sold or discharged within fifty feet of a

gasoline pump or gasoline bulk station or a building in which gasoline or volatile

liquids are sold in quantities in excess of one gallon, except in stores where cleaners,

paints and oils are handled in sealed containers only. F. All fireworks permittees and licensees shall keep and maintain upon the premises

a fire extinguisher bearing an underwriters laboratories incorporated rated capacity

of at least five-pound ABC per five hundred square feet of space used for fireworks

sales or storage. G. Sales clerks and ancillary personnel employed or volunteering at temporary retail

locations where fireworks are sold shall be at least sixteen years of age. A sales clerk shall be on duty to serve consumers at the time of purchase or delivery. Permissible fireworks may be offered for sale only at state-permitted or state-licensed

retail locations. H. Fireworks shall not be discharged within one hundred fifty feet of a fireworks

retail sales location. I. Fireworks shall not be sold or used on state forest land, wildlands or a bosque. J. A person shall not ignite fireworks within a motor vehicle or throw fireworks from

a motor vehicle, nor shall a person place or throw ignited fireworks into or at a

motor vehicle or at or near a person or group of people. K. Fireworks devices that are readily accessible to handling by consumers or purchasers

in a retail sales location shall have their exposed fuses protected in a manner to

protect against accidental ignition of an item by a spark, cigarette ash or other

ignition source. If the fuse is a thread-wrapped safety fuse that has been coated with a nonflammable

coating, only the outside end of the safety fuse shall be covered. If the fuse is not a safety fuse, the entire fuse shall be covered. L. Permissible fireworks may be sold at retail between June 20 and July 6 of each

year, six days preceding and including new year's day, three days preceding and including

Chinese new year, the sixteenth of September and cinco de Mayo of each year, except

that permissible fireworks may be sold all year in permanent retail stores whose primary

business is tourism.