Tennessee § 68-104-101 - Chapter definitions.

§ 68-104-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Distributor” means any person engaged in the business of making sales of fireworks to any other person engaged in the business of reselling fireworks either as a retailer, wholesaler, or seasonal retailer, or any person who receives, brings or imports any fireworks of any kind, in any manner into this state, except to a holder of a Tennessee manufacturer's, distributor's, or wholesaler's permit. Any sale of fireworks to a retailer shall only be accomplished by a manufacturer or distributor possessing the required applicable permit issued by the state of Tennessee. “Distributor” also includes any person engaged in the business of making sales of display fireworks, as defined in § 68-104-202, or proximate pyrotechnics or flame effect materials to licensed exhibitors for the purpose of providing fireworks, pyrotechnic or flame effect display services in this state. A distributor may sell display fireworks, proximate pyrotechnics or flame effect materials only to holders of a Tennessee exhibitor's permit. An out-of-state distributor shall not be required to obtain a Tennessee permit when selling exclusively to a holder of a Tennessee manufacturer's, distributor's, wholesaler's or exhibitor's permit; “D.O.T. Class C common fireworks” means all articles of fireworks as are now or hereafter classified as D.O.T. Class C common fireworks in the regulations of the United States department of transportation for transportation of explosive and other dangerous articles; “Manufacturer” means any person engaged in the making, manufacture or construction of fireworks of any kind within this state; “Permit” means the written authority of the state fire marshal issued under the authority of this chapter; “Person” means any individual, firm, partnership or corporation; “Retailer” means any person engaged in the business of making retail sales of fireworks at any time during the year; “Sale” means an exchange of articles of fireworks for money and also includes barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, copartnership, or one (1) or more individuals; “Seasonal retailer” means any person engaged in the business of making retail sales of fireworks within this state from June 20 through July 5 and December 10 through January 2 of each year; “Special fireworks” means: All articles of fireworks that are classified as Class B explosives in the regulations of the United States department of transportation; All articles of fireworks other than those classified as Class C; and Unmanned free-floating devices capable of producing an open flame such as, but not limited to, sky lanterns; and “Wholesaler” means any person engaged in the business of making sales of fireworks to a seasonal retailer. A wholesaler shall not be permitted to make a sale to a retailer. Acts 1959, ch. 159, § 1; 1970, ch. 481, §§ 1, 2; T.C.A., § 53-3001; Acts 1983, ch. 188, § 1; T.C.A., § 68-22-101 ; Acts 2006, ch. 839, § 3; 2011, ch. 204, § 1. Compiler's Notes. Former title 68, ch. 22, §§ 68-22-101 — 68-22-116 , was transferred to title 68, ch. 104, §§ 68-104-101 — 68-104-116 , respectively, in 1992. Acts 2006, ch. 839, § 8, provided that licenses and certificates issued before May 1, 2007, shall have that as an issuance date. An exhibitor’s license issued on or before May 1, 2007, will expire unless renewed on April 30, 2007, and an operator’s certificate issued on or before May 1, 2007, will expire unless renewed on April 30, 2009. Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983). Attorney General Opinions. Proposed local act that would repeal a private act prohibiting the sale of fireworks in a county and would substitute an act allowing certain fire departments within the county to sell fireworks would not violate Tenn. Const., Art. I, § 8, OAG 04-080 (4/29/04). Proposed local act allowing certain fire departments within a county to sell fireworks would violate due process to the extent a provision thereof authorizes the sheriff, without notice and a hearing, to confiscate and destroy fireworks held in violation of the act, OAG 04-080 (4/29/04). Comparative Legislation. Fireworks: Ala. Code § 8-17-210 et seq. Ark. Code § 20-22-701 et seq. Ga. O.C.G.A. § 25-10-1 et seq. Ky. Rev. Stat. Ann. § 227.700 et seq. Miss. Code Ann. § 45-13-1 et seq. Mo. Rev. Stat. § 320.106 et seq. N.C. Gen. Stat. § 14-410 et seq. Va. Code § 15.2-974. Cited: B & B Distrib. Co. v. Metropolitan Nashville, 667 S.W.2d 751, 1983 Tenn. App. LEXIS 680 (Tenn. Ct. App. 1983); Harwell v. Leech, 672 S.W.2d 761, 1984 Tenn. LEXIS 813 (Tenn. 1984).