SF 202

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to public safety; regulating fireworks;
amending Minnesota Statutes 2004, section 624.20,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 624.20,
subdivision 1, is amended to read:

Subdivision 1.

Regulation.

(a) As used in sections
624.20 to 624.25, the term "fireworks" means any substance or
combination of substances or article prepared for the purpose of
producing a visible or an audible effect by combustion,
explosion, deflagration, or detonation, and includes blank
cartridges, toy cannons, and toy canes in which explosives are
used, the type of balloons which require fire underneath to
propel them, firecrackers, torpedoes, skyrockets, Roman candles,
daygo bombs, sparklers deleted text begin other than those specified in paragraph
(c) deleted text end , or other fireworks of like construction, and any fireworks
containing any explosive or inflammable compound, or any tablets
or other device containing any explosive substance and commonly
used as fireworks.

(b) The term "fireworks" shall not include toy pistols, toy
guns, in which paper caps containing 25/100 grains or less of
explosive compound are used and toy pistol caps which contain
less than 20/100 grains of explosive mixture.

deleted text begin (c) The term also does not include wire or wood sparklers
of not more than 100 grams of mixture per item, other sparkling
items which are nonexplosive and nonaerial and contain 75 grams
or less of chemical mixture per tube or a total of 200 grams or
less for multiple tubes, snakes and glow worms, smoke devices,
or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, and drop pops, each
consisting of not more than twenty-five hundredths grains of
explosive mixture. The use of items listed in this paragraph is
not permitted on public property. This paragraph does not
authorize the purchase of items listed in it by persons younger
than 18 years of age. The age of a purchaser of items listed in
this paragraph must be verified by photographic identification.
deleted text end

deleted text begin (d) A local unit of government may impose an annual license
fee for the retail sale of items authorized under paragraph
(c). The annual license fee of each retail seller that is in
the business of selling only the items authorized under
paragraph (c) may not exceed $350, and the annual license of
each other retail seller may not exceed $100. A local unit of
government may not:
deleted text end

deleted text begin (1) impose any fee or charge, other than the fee authorized
by this paragraph, on the retail sale of items authorized under
paragraph (c);
deleted text end

deleted text begin (2) prohibit or restrict the display of items for permanent
or temporary retail sale authorized under paragraph (c) that
comply with National Fire Protection Association Standard 1124
(2003 edition); or
deleted text end

deleted text begin (3) impose on a retail seller any financial guarantee
requirements, including bonding or insurance provisions,
containing restrictions or conditions not imposed on the same
basis on all other business licensees.
deleted text end