HF 800

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; regulating permitted 
  1.3             fireworks; authorizing certain licensing fees; 
  1.4             limiting local regulation; amending Minnesota Statutes 
  1.5             2002, section 624.20, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 624.20, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  (a) As used in sections 624.20 to 624.25, 
  1.10  the term "fireworks" means any substance or combination of 
  1.11  substances or article prepared for the purpose of producing a 
  1.12  visible or an audible effect by combustion, explosion, 
  1.13  deflagration, or detonation, and includes blank cartridges, toy 
  1.14  cannons, and toy canes in which explosives are used, the type of 
  1.15  balloons which require fire underneath to propel them, 
  1.16  firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 
  1.17  sparklers other than those specified in paragraph (c), or other 
  1.18  fireworks of like construction, and any fireworks containing any 
  1.19  explosive or inflammable compound, or any tablets or other 
  1.20  device containing any explosive substance and commonly used as 
  1.21  fireworks.  
  1.22     (b) The term "fireworks" shall not include toy pistols, toy 
  1.23  guns, in which paper caps containing 25/100 grains or less of 
  1.24  explosive compound are used and toy pistol caps which contain 
  1.25  less than 20/100 grains of explosive mixture. 
  2.1      (c) The term also does not include wire or wood sparklers 
  2.2   of not more than 100 grams of mixture per item, other sparkling 
  2.3   items which are nonexplosive and nonaerial and contain 75 grams 
  2.4   or less of chemical mixture per tube or a total of 200 grams or 
  2.5   less for multiple tubes, snakes and glow worms, smoke devices, 
  2.6   or trick noisemakers which include paper streamers, party 
  2.7   poppers, string poppers, snappers, and drop pops, each 
  2.8   consisting of not more than twenty-five hundredths grains of 
  2.9   explosive mixture.  The use of items listed in this paragraph is 
  2.10  not permitted on public property.  This paragraph does not 
  2.11  authorize the purchase of items listed in it by persons younger 
  2.12  than 18 years of age.  The age of a purchaser of items listed in 
  2.13  this paragraph must be verified by photographic identification. 
  2.14     (d) A local unit of government may impose an annual license 
  2.15  fee for the retail sale of items authorized under paragraph 
  2.16  (c).  The annual license fee of each retail seller that is in 
  2.17  the business of selling only the items authorized under 
  2.18  paragraph (c) may not exceed $350, and the annual license of 
  2.19  each other retail seller may not exceed $100.  A local unit of 
  2.20  government may not: 
  2.21     (1) impose any fee or charge, other than the fee authorized 
  2.22  by this paragraph, on the retail sale of items authorized under 
  2.23  paragraph (c); 
  2.24     (2) prohibit or restrict the display of items for retail 
  2.25  sale authorized under paragraph (c); or 
  2.26     (3) impose on a retail seller any financial guarantee 
  2.27  requirements, including bonding or insurance provisions, 
  2.28  containing restrictions or conditions not imposed on the same 
  2.29  basis on all other business licensees. 
  2.30     Sec. 2.  [EFFECTIVE DATE.] 
  2.31     Section 1 is effective the day following final enactment.