Tennessee § 68-104-102 - Permits and fees.

§ 68-104-102. Permits and fees.

It is unlawful for any person to manufacture, sell, offer for sale, ship or cause to be shipped or received into or within this state, except as provided in this chapter, any item of fireworks, without first having secured the required applicable permit, as a manufacturer, distributor, wholesaler, retailer or seasonal retailer, from the state fire marshal. This provision applies to nonresidents as well as residents of this state. No permit shall be required of a consumer to purchase from a dealer holding a required Tennessee permit for purchases within this state. Mail orders where consumers purchase any fireworks through the mail or receive any fireworks in Tennessee by mail, parcel service, or other carrier are prohibited. A sales clerk must be on duty to serve consumers at the time of purchase or delivery. It is the legislative intent that all fireworks sold and delivered to consumers within this state must take place within this state and be sold and delivered only by a Tennessee dealer holding a Tennessee fireworks permit, and that all fireworks coming into the state and sold within the state be under the supervision of the state fire marshal as provided in this chapter. A manufacturer's permit issued under this chapter shall be subject to rules and regulations promulgated by the state fire marshal to govern the manufacture of fireworks as in the state fire marshal's judgment the public welfare may require. The decision of the state fire marshal as to what type of permit or permits shall be required of each person under this chapter shall be final. No permit shall be issued to a person under eighteen (18) years of age. All permits shall be for the calendar year or any fraction of the year and shall expire on December 31. A grace period of two (2) days shall be allowed each holder of a permit. Permits issued to retailers and seasonal retailers must be displayed. No permit provided for in this section is transferable to another person or location, unless such transfer has been approved by the state fire marshal. The state fire marshal shall charge the following fees for permits: Manufacturer $1,000 Distributor $1,000 Retailer $1,000 Wholesaler $1,000 Seasonal retailer $100 Exhibitor $1,000 A person engaged in more than one (1) of the activities in subdivision (d)(1) shall pay only one (1) fee based upon the classification requiring the higher fee. The holder of a retailer's permit will be authorized to engage in the retail sale of fireworks in any quantity during the life of the permit. A holder of a manufacturer's permit will not be required to have any additional permit or permits, in order to sell to distributors, wholesalers, retailers or seasonal retailers. All fees collected for permits shall constitute expendable receipts of the fire prevention division. The state fire marshal may designate a deputy fire marshal as the fireworks enforcement officer. The state fire marshal is charged with the enforcement of this chapter and may call upon any state, county, municipal or other peace officer for assistance in the enforcement of this chapter. Acts 1959, ch. 159, § 2; 1970, ch. 481, § 3; T.C.A., § 53-3002; Acts 1983, ch. 188, § 2; T.C.A., § 68-22-102 ; Acts 2002, ch. 778, § 1; 2006, ch. 839, § 2. Compiler's Notes. 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. 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. 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. Interpretation of fireworks permit statutes by the state fire marshal, OAG 07-008 (1/22/07). Constitutionality of criminal penalties for unauthorized sale, possession and use of fireworks. OAG 10-10, 2010 Tenn. AG LEXIS 10 (1/27/10).