Pa. Fireworks Tax Constitutional, Appeals Court Says

Law360 (December 6, 2018, 6:30 PM EST) -- Pennsylvania's expansion and increase of taxes on fireworks sales did not violate the state Constitution, a commonwealth appeals court has found while striking portions of a law that regulated temporary structures used to sell fireworks.

On Tuesday, the Commonwealth Court of Pennsylvania agreed with Phantom Fireworks and six other fireworks companies that a 2017 law regulating temporary structures where fireworks are sold was an unconstitutional delegation of legislative authority. However, the court upheld a 12 percent consumer fireworks tax and a provision allowing in-state residents to purchase the same fireworks as out-of-state consumers.

According to the court, the law's definition of...

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