This bill revises the current scheme of regulating the sale, possession, or use of fireworks by local governments. The provisions of this bill would preempt any private act concerning the sale and use of fireworks. Generally, this bill removes the various exemptions to the general prohibition on the sale of fireworks in the largest counties and establishes a uniform regulation scheme that would be applicable statewide. This bill allows the legislative body of any incorporated municipality for the boundaries of the municipality, any county having a metropolitan form of government for the boundaries of the county, and any other county for the unincorporated areas of the county to permit or prohibit the sale, possession or use of consumer fireworks for areas within the municipality's or county's respective boundaries. Such respective governing bodies may act, or may rescind their previous actions, at any time by a majority vote by ordinance or resolution. Each such legislative body may designate reasonable areas where consumer fireworks may be sold and determine whether to permit the sale of consumer fireworks by seasonal retailers, limit the sale of consumer fireworks only to retailers at a permanent location, or any combination of such retailers. If a retailer has been issued a permit to sell consumer fireworks at a permanent location on July 1, 2009, then any subsequent action of the appropriate legislative body to prohibit the sale or possession of consumer fireworks within their respective jurisdictional boundaries would not apply to nor affect such retailer. This bill requires each jurisdiction that authorizes the sale of consumer fireworks to forward the ordinance or resolution authorizing such sale to the state fire marshal. Each such jurisdiction must, in the ordinance or resolution, create an application process, including a reasonable application fee, and establish a procedure for the issuance of the permit through the state fire marshal's office, in accordance with rules established by the state fire marshal, following an inspection of the location for the permit in accordance with this bill. If a jurisdiction that has previously approved the sale of fireworks rescinds such authority, such jurisdiction must likewise forward the ordinance or resolution to the state fire marshal. Present law allows the state fire marshal or the fire marshal's designated representatives to inspect the location for each permit before a permit is issued to determine if the location meets the appropriate requirements and reasonable safety standards for the storage and sale of fireworks. This bill prohibits the state fire marshal from issuing a permit to a retailer until the state fire marshal inspects and approves the location for such sales and storage of consumer fireworks. Except as otherwise provided by this bill, if the legislative body of a municipality or county permits the sale and possession of consumer fireworks within its respective boundaries, then the legislative body may not prohibit the use of such consumer fireworks within such jurisdiction during the period that the sale and possession of consumer fireworks is permitted. If, however, the legislative body only permits the sale of fireworks by a retailer at a permanent location and at least 55 percent of the sales at such location are to residents of other states or to persons living outside the jurisdiction of that legislative body, then the legislative body may prohibit the use of consumer fireworks by citizens living within its respective boundaries. Under present law, it is illegal to ship into any municipality or county of Tennessee for sale at retail or to sell any fireworks where such municipality or county has declared that the sale or possession of such fireworks is an illegal act by the appropriate ordinance or law. However, in Williamson and Hamblen counties the sale and possession of fireworks is lawful within such county and any incorporated municipality within that county unless either the governing body of the county, for the unincorporated areas of the county, or the governing bodies of the respective municipalities within such county, for the areas under their jurisdiction, act by a majority vote of the respective bodies to prohibit such sales and possession. Those respective governing bodies may act, or may rescind their previous actions, at any time by a majority vote. This bill deletes the present law exception for Williamson and Hamblen counties. Under present law, it is unlawful for any individual, firm, partnership or corporation to sell at retail any Class C common fireworks within Hamilton, Knox, Davidson, or Shelby counties, subject to the following exceptions: (1) An individual, firm, partnership or corporation may sell at retail any Class C common fireworks in the municipality of Lakeland in Shelby County if Lakeland permitted the sale of such fireworks before 1984; (2) Class C common fireworks may continue to be sold by a person on a parcel of land that contains a fireworks stand, if: (A) The parcel of property upon which such fireworks are sold is either partially located in Hamilton, Knox, Davidson, or Shelby counties, or there is disagreement concerning whether such property is wholly contained within Hamilton, Knox, Davidson, or Shelby counties; and (B) Fireworks have been sold annually at such stand for a period of at least 45 years; and (3) A fireworks retailer or seasonal retailer or the respective retailer's or seasonal retailer's assignees and successors may continue to sell Class C common fireworks at retail at the location specified in the permit if, on April 7, 1999, a retailer or seasonal retailer is located in a county other than Hamilton, Knox, Davidson, or Shelby counties and such county subsequently increases in population to more than 200,000 people according to a federal census. This bill deletes the above-described prohibitions and exceptions. Generally, to purchase fireworks, a person must be at least 16 years of age. Any person 16 or 17 years of age who wishes to purchase fireworks must provide proof of age to the retailer or seasonal retailer by presenting a state-issued photo identification or be accompanied by an adult. It is unlawful to offer for retail sale or to sell any such fireworks to any person under 16 years of age or to any intoxicated or irresponsible person. A violation is a Class C misdemeanor punishable by a fine to the retailer or seasonal retailer of up to $100 for the first offense, $250 for the second offense, and $500 for subsequent offenses. Present law allows any municipality to adopt this prohibition. This bill would also allow any county to adopt this prohibition. Present law and this bill require that a request to the fire marshal for a retailer's or seasonal retailer's fireworks permit for a new location be accompanied by a statement, from the chief executive officer of the county or municipality in which such fireworks are to be sold, that the sale of fireworks in such county or municipality, respectively, is permissible. Under present law, "new location" means any location where fireworks were not sold at retail as of May 2, 1983, and does not include any location in which the lawful sale of fireworks has transpired for the immediate two years prior to May 2, 1983. This bill deletes this definition of "new location." Present law regulates the possession, sale, or use within this state, or the shipping into this state of D.O.T. Class C common fireworks, which are fireworks so classified in the regulations of the United States department of transportation for transportation of explosive and other dangerous articles. This bill changes "D.O.T. Class C common fireworks" to "consumer fireworks" throughout state law concerning fireworks. "Consumer fireworks" means fireworks that have been approved by the United States consumer product safety commission as legally available for sale to and for use by consumers for their personal use.

Statutes affected:
Introduced: 4-29-246(a), 4-29-246, 4-29-250(a), 4-29-250