Tennessee Code 68-104-104 – Consignee required to hold permit before shipping or delivering fireworks – Purchase only from seller holding permit – Record of sale
Terms Used In Tennessee Code 68-104-104
- Distributor: means any person engaged in the business of making sales of fireworks to any other person engaged in the business of reselling fireworks either as a retailer, wholesaler, or seasonal retailer, or any person who receives, brings or imports any fireworks of any kind, in any manner into this state, except to a holder of a Tennessee manufacturer's, distributor's, or wholesaler's permit. See Tennessee Code 68-104-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Manufacturer: means any person engaged in the making, manufacture or construction of fireworks of any kind within this state. See Tennessee Code 68-104-101
- Permit: means the written authority of the state fire marshal issued under the authority of this chapter. See Tennessee Code 68-104-101
- Person: means any individual, firm, partnership or corporation. See Tennessee Code 68-104-101
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
- Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
- Retailer: means any person engaged in the business of making retail sales of fireworks at any time during the year. See Tennessee Code 68-104-101
- Sale: means an exchange of articles of fireworks for money and also includes barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, copartnership, or one (1) or more individuals. See Tennessee Code 68-104-101
- Seasonal retailer: means any person engaged in the business of making retail sales of fireworks within this state from June 20 through July 5 and December 10 through January 2 of each year. See Tennessee Code 68-104-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Wholesaler: means any person engaged in the business of making sales of fireworks to a seasonal retailer. See Tennessee Code 68-104-101
- Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
No person shall deliver, sell or ship fireworks into or within this state, unless the consignee produces the required permit or evidence that the consignee holds such permit. No person shall purchase fireworks from another person without first requiring proof that the proper permit required of the seller has been obtained and is current and valid. Each holder of a permit under this chapter shall keep an accurate record of each shipment received. Each holder of a permit as distributor, manufacturer or wholesaler shall keep a record of each sale, delivery or out shipment of fireworks. The records shall be clear, legible and accurate, showing the name and address of the seller or purchaser, item and quantity received or sold. The records are to be kept at each place of business and shall be subject to examination by the state fire marshal or the state fire marshal’s designated representative, who shall have the authority during regular business hours to require any manufacturer, distributor, wholesaler, retailer or seasonal retailer to produce records for the current year and the preceding full calendar year.