A person is guilty of a Class 1 misdemeanor if the person has any device, apparatus, receptacle, or burner from which an open flame is emitted on the premises of a retail licensee. A retailer licensee shall keep and maintain upon the retailer’s premises a fire extinguisher bearing a rated capacity of at least 2-A.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 34-37-10.5

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Retailer licensee: includes any person licensed under this chapter to engage in the business of making sales of fireworks at retail. See South Dakota Codified Laws 34-37-1

Source: SL 1971, ch 207, § 6; SL 1977, ch 190, § 105; SL 1982, ch 18, § 103; SL 1998, ch 213, § 8; SL 2019, ch 154, § 13, eff. Mar. 20, 2019.