Is the fireworks-sales exception for small municipalities in Tennessee's largest counties limited to specific businesses or available to anyone in those cities?

Subject

Opinion No. 14-63, Lawful Sale of Fireworks in Certain Municipalities, June 24, 2014

Plain-English summary

Representative Steve McManus asked whether the exception in Tenn. Code Ann. § 68-104-112(a)(4) for fireworks sales in certain municipalities of Tennessee's most populated counties was limited to particular businesses in those cities. The AG said no, it is municipality-wide.

§ 68-104-112(a)(4) bans Class C common fireworks sales in counties over 335,000 population (Hamilton, Knox, Davidson, Shelby per the 2010 census). The exception covers "municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to the 1980 federal census or any subsequent census, that permitted the sale of such fireworks before 1984." The City of Lakeland in Shelby County was the only Tennessee city in the four affected counties that fit the 1980 population bracket (600-620) and that had permitted fireworks sales before 1984.

The AG applied plain-meaning statutory construction (Blankenship v. Estate of Bain; State v. Strode; Corum v. Holston). The exception text clearly modifies "municipalities," not specific businesses. By contrast, subdivisions (a)(4)(A) and (B) of the same statute are explicitly business-specific: they protect parcels of land in counties over 335,000 that contain a fireworks stand, where fireworks have been sold annually at that stand for at least 45 years. The contrast confirms the legislature knew how to write business-specific exceptions when it wanted to.

So in Lakeland (the qualifying municipality), any seller meeting other applicable requirements (vendor licensing, retail permits, age restrictions on buyers, location restrictions) could sell Class C common fireworks. The exception is geographic, not grandfathered to particular businesses.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Which counties does the general fireworks ban cover?

Counties with populations greater than 335,000 according to the 2010 census or any subsequent census. As of 2010, those were Hamilton, Knox, Davidson, and Shelby.

Which cities qualified for the exception?

Cities in those four counties with 1980 census populations between 600 and 620, that permitted fireworks sales before 1984. Per the 1984 Tennessee Code volume cited in the opinion, only the City of Lakeland in Shelby County met both criteria.

What does "permitted the sale of such fireworks before 1984" mean?

Lakeland had a municipal ordinance or other authority allowing fireworks sales before 1984. The historical permission tied to the population bracket, locks the eligibility list to municipalities that already had a fireworks-sales tradition.

Can the city of Lakeland ban fireworks sales itself?

The opinion does not address local power to ban. As a general matter, Tennessee municipalities have authority to regulate fireworks within their borders (subject to state law). The state exception authorizes sales; it does not require them.

What are the business-specific exceptions in (a)(4)(A) and (B)?

Those subdivisions protect parcels of land partially located in counties over 335,000 that contain a fireworks stand, where fireworks have been sold annually at that stand for at least 45 years. The protection runs with the stand and the parcel, not the municipality.

What are "Class C common fireworks"?

§ 68-104-101(2) defines them by reference to the U.S. Department of Transportation regulations classifying explosives. They are the consumer-level fireworks typically sold at roadside stands (firecrackers, fountains, sparklers, etc.), as distinct from professional-display fireworks.

Background and statutory framework

Tennessee regulates fireworks under Title 68, Chapter 104. The general framework allows fireworks sales statewide subject to seasonal restrictions and permitting, except in large counties where § 68-104-112(a)(4) bans Class C common fireworks. The exceptions in (a)(4) reflect long-standing political accommodations: Lakeland's continued ability to host fireworks sales (the geographic exception) and certain grandfathered fireworks stands (the business-specific exception in (A) and (B)).

The AG's statutory construction here is unremarkable. The text plainly modifies municipalities, not businesses. Tennessee's interpretation rules direct the reader to the text first (Blankenship). When the text is clear, no further analysis is needed (Strode; Corum).

Citations

• Tenn. Code Ann. § 68-104-101(2) (definition of D.O.T. Class C common fireworks)
• Tenn. Code Ann. § 68-104-112(a)(4) (ban on Class C common fireworks in counties over 335,000 population; exception for qualifying municipalities)
• Tenn. Code Ann. § 68-104-112(a)(4)(A), (B) (business-specific exceptions for grandfathered fireworks stands)
• Blankenship v. Estate of Bain, 5 S.W.3d 647 (Tenn. 1999) (Tennessee Supreme Court; statutory construction begins with text)
• State v. Strode, 232 S.W.3d 1 (Tenn. 2007) (Tennessee Supreme Court; clear text needs no further analysis)
• Corum v. Holston Health & Rehab. Ctr., 104 S.W.3d 451 (Tenn. 2003) (Tennessee Supreme Court; clear text needs no further analysis)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2014/op14-063.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
June 24, 2014
Opinion No. 14-63
Lawful Sale of Fireworks in Certain Municipalities

QUESTION

Is the provision in Tenn. Code Ann. § 68-104-112(a)(4) making it lawful to sell common fireworks in certain municipalities of the State's most populated counties limited to particular businesses in those municipalities?

OPINION

No.

ANALYSIS

The State of Tennessee regulates the manufacture, sale, and display of fireworks in Title 68, Chapter 104, of the Tennessee Code. Tenn. Code Ann. § 68-104-112(a)(4) prohibits the sale of Class C common fireworks in all Tennessee counties with populations greater than 335,000 according to the 2010 federal census or any subsequent census. But the statute goes on to provide: "except in municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to the 1980 federal census or any subsequent census, that permitted the sale of such fireworks before 1984." Id.

These counties are Hamilton, Knox, Davidson, and Shelby. Tenn. Code Ann. Vol. 13, at 303 (2013 Supp.). "D.O.T. Class C common fireworks" are those 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." Tenn. Code Ann. § 68-104-101(2).

This exception was added in 1985, see 1985 Tenn. Pub. Acts, ch. 51, and the City of Lakeland in Shelby County was the only city in the covered counties with a population between 600 and 620 according to the 1980 federal census. Tenn. Code Ann. Vol. 13, at 818 (1984).

A search for a statute's meaning and purpose must begin with the words of the statute, Blankenship v. Estate of Bain, 5 S.W.3d 647, 651 (Tenn. 1999), and when a statute's language is clear and unambiguous, there is no need to look beyond the statute itself, State v. Strode, 232 S.W.3d 1, 9-10 (Tenn. 2007); Corum v. Holston Health & Rehab. Ctr., 104 S.W.3d 451, 454 (Tenn. 2003). The exception to the prohibition on fireworks sales in Tenn. Code Ann. § 68-104-112(a)(4) clearly applies to certain municipalities, namely, those that fall within the identified population bracket and that permitted the sale of common fireworks before 1984. This exception is not limited to any particular business or businesses within those municipalities.

By contrast, subdivisions -112(a)(4)(A) and (B) of the statute are business-specific. They provide that it is not unlawful for common fireworks to continue to be sold on a parcel of land that contains a fireworks stand if the parcel is partially located in a county with a population greater than 335,000 and fireworks have been sold annually at that stand for at least 45 years.

ROBERT E. COOPER, JR.
Attorney General and Reporter

JOSEPH F. WHALEN
Acting Solicitor General

MARY BYRD FERRARA
Assistant Attorney General

Requested by:
The Honorable Steve McManus
State Representative
20 Legislative Plaza
Nashville, Tennessee 37243