16-4-104. REQUIREMENTS AND REGULATIONS.

License required for Sale of Fireworks, Application Fee, Duration and Display. No person shall sell, hold for sale, or offer for sale, as retailer any fireworks in this Reservation unless such person has first obtained a license in accordance with Title 16, of the Law and Order Code. Application for a license as a retailer shall be made to the department of revenue on forms to be prescribed by it. Each application shall be of revenue on forms to be prescribed by it. Each application shall be accompanied by the required fee, twenty five dollars for a retailer’s license. The license shall be good only for the calendar year in which issued and shall at all times be displayed at the place of business of the holder thereof. Applicant will consent to Tribal Law concerning taxation, commercial code, business license and other applicable law.

Importation by Unlicensed Persons Prohibited, Retailer. No person who is not licensed as a retailer shall bring any fireworks into this reservation. No retailer shall sell any fireworks which have not been purchased from a wholesaler licensed under the provisions of SDCL Chapter 34, Section 34-37-2 or applicable tribal law.

Period during which Retail Sales Permitted. No person, firm or corporation shall offer fireworks for sale to individuals at retail before the twenty fifth day of June and after the Fifth day of July.

Procedure for Banning Sale of Fireworks. The Rosebud Sioux Tribal Council can declare a ban on the sale of fireworks if just reason. This will done in Resolution form.

Prohibited Firecrackers, Manufacture or Use as Crime. Any person who shall manufacture, use or dispose of to another, with or without consideration, so as to endanger the safety of others, any firecracker more than three inches lone or made wholly or in part of dynamite, nitroglycerin, or giant powder, is guilty of a Class C crime.

Possession, Sale, or Use of Unauthorized Fireworks Unlawful. Except as provided in this title no person shall possess, sell, offer for sale, bring into this reservation commonly known as fireworks, other than permissible fireworks.