68-104-101 - Definitions.
68-104-101. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) 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. Any sale of fireworks to a retailer shall only be accomplished by a manufacturer or distributor possessing the required applicable permit issued by the state of Tennessee. Distributor also includes any person engaged in the business of making sales of display fireworks, as defined in § 68-104-202, or proximate pyrotechnics or flame effect materials to licensed exhibitors for the purpose of providing fireworks, pyrotechnic or flame effect display services in this state. A distributor may sell display fireworks, proximate pyrotechnics or flame effect materials only to holders of a Tennessee exhibitor's permit. An out-of-state distributor shall not be required to obtain a Tennessee permit when selling exclusively to a holder of a Tennessee manufacturer's, distributor's, wholesaler's or exhibitor's permit;
(2) D.O.T. Class C common fireworks means all articles of fireworks as are now or hereafter classified as D.O.T. Class C common fireworks in the regulations of the United States department of transportation for transportation of explosive and other dangerous articles;
(3) Manufacturer means any person engaged in the making, manufacture or construction of fireworks of any kind within this state;
(4) Permit means the written authority of the state fire marshal issued under the authority of this chapter;
(5) Person means any individual, firm, partnership or corporation;
(6) Retailer means any person engaged in the business of making retail sales of fireworks at any time during the year;
(7) 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;
(8) 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;
(9) Special fireworks means all articles of fireworks that are classified as Class B explosives in the regulations of the United States department of transportation and includes all articles other than those classified as Class C; and
(10) Wholesaler means any person engaged in the business of making sales of fireworks to a seasonal retailer. A wholesaler shall not be permitted to make a sale to a retailer.
[Acts 1959, ch. 159, § 1; 1970, ch. 481, §§ 1, 2; T.C.A., § 53-3001; Acts 1983, ch. 188, § 1; T.C.A., § 68-22-101; Acts 2006, ch. 839, § 3.]