S.D. Codified Laws § 35-4-60.2 — SD Code / Title 35 / Chapter 4 / Section 35-4-60.2
Purchase from municipality of malt beverages by certain licensees--Price charged
Status: in_force

A licensee licensed under subdivision 35-4-2(3), (4), or (16) shall purchase any malt beverages that the licensee sells from the municipality if the municipality in which the licensee is located is licensed under subdivision 35-4-2(5) and if the municipality has adopted by ordinance a requirement that purchases of malt beverages by licensees under this section be made from the municipality. A municipality selling malt beverages to any licensee licensed under subdivision 35-4-2(3), (4), or (16) may not charge the licensee more than five percent above the municipality's cost for malt beverages plus freight unless the municipality has an operating agreement in effect on April 1, 1988, for its on-sale alcoholic beverage licensees licensed pursuant to subdivision 35-4-2(4) and imposes a mark-up higher than five percent for malt beverages. The municipality shall charge all licensees under this section the same price for malt beverages. The provisions of this section for a licensee licensed pursuant to subdivision 35-4-2(3) or (4) only apply if the licensee is located in a municipality with a population that exceeds eight thousand.

Source: SL 1987, ch 261, § 40; SL 1988, ch 293, § 1; SL 2008, ch 37, § 178; SL 2010, ch 180, § 33; SL 2017, ch 168, § 1; SL 2018, ch 213, § 80.
S.D. Codified Laws § 35-3-21 — SD Code / Title 35 / Chapter 3 / Section 35-3-21
Accounting for municipal transactions
Status: in_force

Every municipality engaged in the sale of alcoholic beverages, pursuant to the provisions of chapter 35-4 , wherein a business under an on-sale and off-sale license is conducted, shall make a separate accounting of all transactions involving purchases, sales, and inventories pertaining to the business conducted under each of the licenses. The municipality shall maintain appropriate records and methods of accounting for an accurate determination of the sales returns and gross profits resulting from the operation of the business under each of the licenses.

Source: SL 1959, ch 14; SDC Supp 1960, § 45.1439; SL 1971, ch 211, § 35; SL 1987, ch 261, § 8; SL 2008, ch 37, § 161.
S.D. Codified Laws § 35-12-20 — SD Code / Title 35 / Chapter 12 / Section 35-12-20
Additional locations--Limitation
Status: in_force

A licensed farm winery may operate additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the total production limits for the license as specified in § 35-12-13 . Any additional license issued pursuant to this section has the privileges of the original license as specified in §§ 35-12-18 and 35-12-19 .

Source: SL 2018, ch 222, § 8.
S.D. Codified Laws § 35-4-113 — SD Code / Title 35 / Chapter 4 / Section 35-4-113
Renewal of full-service restaurant on-sale license--Annual report
Status: in_force

If the municipality or county is renewing a full-service restaurant on-sale license, the municipality or county shall condition the license renewal upon receiving documentation that at least sixty percent of gross revenue from the preceding twelve months operation of the full-service restaurant was derived from the sale of food and nonalcoholic beverages. The full-service restaurant on-sale licensee shall submit an annual report to the municipality or county on the revenues from the full-service restaurant that includes an oath verifying the validity of the information provided in the report. The report and the supporting documentation submitted pursuant to this section are confidential. The report shall contain the annual gross revenues of the licensee for the following two categories:

(1) Food and nonalcoholic beverage gross revenues; and

(2) Total gross revenues.

Source: SL 2008, ch 189, § 4; SL 2009, ch 177, § 4.
S.D. Codified Laws § 35-3-15 — SD Code / Title 35 / Chapter 3 / Section 35-3-15
Acquisition of stock and equipment from licensee forced out of business by acquisition of municipal license
Status: in_force

The municipality shall acquire the stock, equipment, and fixtures from any licensee whose license has been terminated by reason of the municipal election by which the municipality was authorized to engage in such business, such acquisition to be by purchase, condemnation, or arbitration.

Source: SDC 1939, § 5.0236 as added by SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, § 3; SL 1971, ch 211, § 34.
S.D. Codified Laws § 35-4-111 — SD Code / Title 35 / Chapter 4 / Section 35-4-111
Full-service restaurant on-sale licenses
Status: in_force

Notwithstanding the provisions of § 35-4-11 or 35-4-11.1 or the on-sale license fees established pursuant to subdivisions 35-4-2(4) and (6), the governing board of any incorporated municipality or the board of county commissioners of any county may, by ordinance, issue additional on-sale licenses for full-service restaurants if the municipality or county charges at least the minimum fee required by § 35-4-116 .

A full-service restaurant on-sale license issued in a municipality is subject to the license renewal fees as provided for in subdivision 35-4-2(4), and shall be treated for all other regulatory purposes in this title as a license issued pursuant to subdivision 35-4-2(4).

A full-service restaurant on-sale license issued in a county is subject to the license renewal fees as provided for in subdivision 35-4-2(6), and shall be treated for all other regulatory purposes in this title as a license issued pursuant to subdivision 35-4-2(6).

Source: SL 2008, ch 189, § 1; SL 2009, ch 177, § 2.
S.D. Codified Laws § 35-5-25 — SD Code / Title 35 / Chapter 5 / Section 35-5-25
Payment to township or county of distribution for unincorporated town
Status: in_force

In the case of an unincorporated town within an organized township, reversion of its share of the fund under § 35-5-22 shall be made to the treasurer of such township who shall deposit the amount so received in the township general fund. In the case of such an unincorporated town within an unorganized township, reversion of its share of such fund shall be so made to the county treasurer of the county wherein such unincorporated town is located who shall deposit the amount so received in the county general fund.

Source: SDC 1939, § 5.0241 as added by SL 1941, ch 9; SL 1945, ch 25; SL 1951, ch 8; SL 1957, ch 7; omitted SL 1961, ch 17; reenacted SL 1963, ch 18; SL 1971, ch 211, § 95.
S.D. Codified Laws § 35-12A-1 — SD Code / Title 35 / Chapter 12A / Section 35-12A-1
Purchase of wine not in distribution in state--Ordering procedures
Status: in_force

Notwithstanding any other provision of law, any person who is at least twenty-one years of age may purchase and receive wine from another state as provided in this section if the wine is not in distribution in this state. The person may place an order with a licensee as defined in subdivision 35-4-2(3), (5), or (12). The licensee shall order the wine through a wholesaler licensed pursuant to subdivision 35-4-2(2) and the wholesaler shall arrange the purchase of wine. The licensee shall inform the purchaser of the cost of the wine, the amount of any tax that would apply to the purchase pursuant to § 35-5-3 , the amount of sales tax that would apply, and the amount of charges for freight and handling. The licensee shall collect the total amount due from the customer before ordering the wine through the wholesaler. After receiving the order for the wine from the licensed retailer the wholesaler shall arrange for the wine to be shipped directly to the licensee who placed the order for the purchaser. Wine purchased pursuant to this chapter may only be delivered and received by the purchaser from a licensee as defined in subdivision 35-4-2(3), (5), or (12).

Source: SL 2003, ch 197, § 1; SL 2015, ch 196, § 19, eff. Jan. 1, 2016.
S.D. Codified Laws § 35-5-20 — SD Code / Title 35 / Chapter 5 / Section 35-5-20
Records and reports required of licensees--Entry and examination on default--Violation as misdemeanor
Status: in_force

Any licensee liable for the payment of the taxes shall keep, in current and available form on the licensed premises, records of all purchases, sales, quantities on hand, and any other information the secretary may prescribe by rule promulgated pursuant to chapter 1-26 . The secretary may require, from any licensee, any reports the secretary prescribes, and the secretary may require the production of any book, record, document, invoice, and voucher kept, maintained, received, or issued by the licensee in connection with the licensee's business that, in the judgment of the secretary, may be necessary to administer and discharge the secretary's duties, to secure the maximum of revenue to be paid, and to carry out the provisions of law. A violation of this section is a Class 1 misdemeanor.

If default is made, or if any licensee fails or refuses to furnish any other reports or information referred to upon request for the reports or information, the secretary may enter the licensee's premises where the records are kept and examine the records as necessary to compile the required report. The cost of the examination shall be paid by the licensee whose reports are in default.

Source: SDC 1939, § 5.0239 as added by SL 1963, ch 12, § 2; SL 1967, ch 8, § 3; SDCL §§ 35-5-20 , 35-8-9; SL 1971, ch 211, § 91; SL 1987, ch 82, § 51; SL 1992, ch 158, § 63; SL 2008, ch 37, § 189; SL 2018, ch 213, § 121.
S.D. Codified Laws § 35-10-8 — SD Code / Title 35 / Chapter 10 / Section 35-10-8
Enforcement and collection of cost penalties assessed for violations
Status: in_force

Any cost penalty provided for by this title shall be included in the judgment of conviction and has all the force and effect of a judgment in a civil action. If the person against whom the cost penalty is assessed has furnished a bond as a licensee under this title, the surety is liable for the cost penalty. The cost penalty may be paid by the defendant to the clerk of the court that rendered the judgment in which the cost penalty was assessed. The payment shall operate as a satisfaction of the portion of the judgment relating to the cost penalty and shall be entered upon the judgment record accordingly. If not paid to the clerk, the judgment for the cost penalty shall be enforced by execution or other process, the same as any civil judgment. The clerk or any officer collecting the cost penalty shall, without delay, transmit the cost penalty to the state treasurer with a statement giving full information as to the source of the cost penalty. The state treasurer shall issue a receipt for the cost penalty to the person transmitting the cost penalty.

Source: SDC 1939, § 5.9901; SL 2008, ch 37, § 193; SL 2010, ch 180, § 63; SL 2011, ch 176, § 1.
S.D. Codified Laws § 35-4-118 — SD Code / Title 35 / Chapter 4 / Section 35-4-118
Registry of full-service restaurant on-sale licenses
Status: in_force

Each municipality or county adopting an ordinance pursuant to § 35-4-111 shall maintain a registry of each on-sale license that is being offered for sale at the price established in § 35-4-117 and furnish a copy of the registry to anyone who requests a new full-service restaurant on-sale license. The municipality or county may only issue a new license pursuant to §§ 35-4-110 to 35-4-120 , inclusive, if no on-sale license is on the registry or a person desiring to purchase an on-sale license listed on the registry provides documentation showing that the person is unable to purchase the on-sale license at the price established in § 35-4-117 and on terms satisfactory to both the potential buyer and seller. The price of any on-sale license registered as, for sale, with the municipality or county shall be sold at the current fair market price set by the municipality or county pursuant to § 35-4-117 . Nothing in §§ 35-4-110 to 35-4-120 , inclusive, precludes the sale of an on-sale license by a licensee not listed on the registry.

Source: SL 2008, ch 189, § 10; SL 2009, ch 177, § 7.
S.D. Codified Laws § 35-12-17 — SD Code / Title 35 / Chapter 12 / Section 35-12-17
Requirement to use agricultural products grown or produced in state--Exception--Perjury
Status: in_force

Any applicant for a license as a farm winery shall verify, under oath, compliance with the requirement to use agricultural products grown or produced in this state. However, if South Dakota agricultural products are not available in sufficient quantities, the applicant may use imported agricultural products for the period covered by the license, but may not use imported alcoholic beverages. Any person who signs a statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.

Source: SL 2018, ch 222, § 5.
S.D. Codified Laws § 35-1-5.8 — SD Code / Title 35 / Chapter 1 / Section 35-1-5.8
Carrier may permit passenger to consume alcoholic beverage aboard vehicle
Status: in_force

Notwithstanding the provisions of § 35-1-5.6 , a licensed carrier may permit a passenger to bring sealed and unopened alcoholic beverages purchased from a South Dakota retailer aboard the vehicle for consumption by the passenger aboard the vehicle operated by the carrier. Nothing in this section may be construed to permit a licensed carrier to violate any other provision under this title.

Source: SL 2018, ch 215, § 2.
S.D. Codified Laws § 35-3-18 — SD Code / Title 35 / Chapter 3 / Section 35-3-18
Municipal establishment supervised by governing body--Establishment of prices
Status: in_force

Every municipal liquor establishment shall be operated and conducted under the direction of the governing body of the municipality. The governing body may fix the prices to be charged on all sales of liquor. If the prices are fixed by the governing body, the manager and the manager's assistants shall conform to the prices in the making of all sales.

Source: SL 1959, ch 14; SDC Supp 1960, § 45.1439; SL 2008, ch 37, § 159.
S.D. Codified Laws § 35-4-129 — SD Code / Title 35 / Chapter 4 / Section 35-4-129
Sale of alcoholic beverages below cost prohibited--Exception
Status: in_force

No alcoholic beverage may be sold below the wholesale cost of the alcoholic beverage, unless the sale constitutes the termination of the sale of the alcoholic beverage on the licensed premises. Any alcoholic beverage offered for sale at less than wholesale cost may not be offered again for sale on the licensed premises for a period of less than one year after termination of the sale of the product on the licensed premises. The wholesale cost is the consideration paid by a retailer to a wholesaler to acquire an alcoholic beverage and includes the purchase price and freight charges. If no wholesaler is used in the sale, the direct shipper may not sell the alcoholic beverage below the manufacturer's cost.

Source: SL 1989, ch 337; SL 2015, ch 196, § 23, eff. Jan. 1, 2016; SDCL § 37-10A-1 ; SL 2018, ch 213, §§ 109, 110.
S.D. Codified Laws § 35-4-77.1 — SD Code / Title 35 / Chapter 4 / Section 35-4-77.1
Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance
Status: in_force

Notwithstanding the provisions of § 35-4-75 , the governing body of the municipality charged with the approval of alcoholic beverage license issuance may, by ordinance, permit the sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises. This section does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid.

Nothing in this section prevents the governing body from imposing conditions or restrictions that the governing body considers appropriate.

The sidewalk or walkway subject to a public right-of-way where the sale and consumption of alcoholic beverages is permitted does not constitute a public place as defined in § 35-1-5.3 , if the sidewalk or walkway subject to a public right-of-way has been properly authorized for sale and consumption of alcoholic beverages pursuant to this section. The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way shall be consistent with the hours permitted for the on-sale license.

A violation of any provision of this title by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of-way pursuant to this section constitutes a violation of this title as if the violation had occurred in or on the licensed premises.

Source: SL 2008, ch 187, § 1; SL 2016, ch 189, § 1; SL 2018, ch 213, § 84.
S.D. Codified Laws § 35-4-22.1 — SD Code / Title 35 / Chapter 4 / Section 35-4-22.1
License renewal of off-sale licensee outside of boundaries
Status: in_force

An off-sale licensee applying for license renewal, to the governing body that has jurisdiction over the licensed premises, may not be denied the license on the grounds that the location of the premises is outside the boundaries of a municipality or an unincorporated platted area with a United States post office, if the licensee has held or had an interest in an off-sale license at a location outside the boundaries of a municipality on an unincorporated platted area with a United States post office for more than five years.

Source: SL 1996, ch 224, § 2; SL 2018, ch 213, § 69.
S.D. Codified Laws § 35-4-60.1 — SD Code / Title 35 / Chapter 4 / Section 35-4-60.1
Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler
Status: in_force

No licensed wholesaler may purchase or accept delivery of any brand of alcoholic beverages, unless those alcoholic beverages are purchased from the brand owner or the brand owner's authorized agent, or from another licensed wholesaler operating solely within this state. Alcoholic beverages imported into this state shall come to rest at the warehouse of the licensed wholesaler before sale and delivery to a retail licensee. Alcoholic beverages obtained from any licensed manufacturer located in this state do not need to come to rest at the warehouse of the licensed wholesaler before sale and delivery to a retail licensee if the wholesaler takes physical possession of the alcoholic beverages.

Source: SL 1982, ch 270; SL 1994, ch 286, § 1; SL 2018, ch 224, § 15.
S.D. Codified Laws § 35-10-25 — SD Code / Title 35 / Chapter 10 / Section 35-10-25
Summary punishment for contempt--Affidavits as prima facie case
Status: in_force

In contempt proceedings arising out of the violation of any order or injunction granted in any action or proceeding pursuant to § 35-10-19 , the court or the judge thereof shall summarily, and without jury, try and punish the person or persons guilty thereof. The affidavits upon which any such attachment for contempt issue shall make a prima facie case for the state.

Source: SL 1939, ch 15, § 3; SDC Supp 1960, § 5.01 14-4 .
S.D. Codified Laws § 35-13-15 — SD Code / Title 35 / Chapter 13 / Section 35-13-15
Exception to licensing requirement
Status: in_force

No agricultural producer, association of agricultural producers, or legal agent who manufactures and converts agricultural surpluses, byproducts, or wastes, into denatured ethyl and industrial alcohol for purposes other than human consumption is required to obtain any license issued pursuant to this chapter.

Source: SL 2018, ch 223, § 3.
S.D. Codified Laws § 35-15-3 — SD Code / Title 35 / Chapter 15 / Section 35-15-3
Application of title
Status: in_force

Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter.

Source: SL 2018, ch 224, § 3.
S.D. Codified Laws § 35-4-81 — SD Code / Title 35 / Chapter 4 / Section 35-4-81
Restriction by ordinance of sales, service, and consumption on certain days
Status: in_force

Any municipality or county may, by ordinance, prohibit or restrict the sale, service, and consumption of alcoholic beverages on Sundays, Christmas Day, or Memorial Day.

Source: SDC 1939, § 5.0226 (3), (4); SL 1961, ch 16; SL 1963, ch 14; SDCL § 35-4-80 ; SL 1971, ch 211, § 72; SL 1987, ch 261, § 32; SL 1992, ch 158, § 60; SL 2009, ch 173, § 2; SL 2010, ch 183, § 1; SL 2018, ch 213, § 90.
S.D. Codified Laws § 35-4-127 — SD Code / Title 35 / Chapter 4 / Section 35-4-127
Off-sale delivery license
Status: in_force

A licensee licensed pursuant to subdivision 35-4-2(3) or (5) may apply for an off-sale delivery license as provided by subdivision 35-4-2(23) to deliver alcoholic beverages to a consumer within the boundaries of the municipality that issued the off-sale license. The alcoholic beverage for delivery shall be purchased in person and on-site at the licensee's off-sale premises. The minimum purchase of alcoholic beverages shall be one hundred fifty dollars. The delivery shall be made during hours of operation pursuant to § 35-4-81.2 by an employee of the licensee who is at least twenty-one years old. The employee shall obtain the signature of a person twenty-one years old or older before delivery of the shipment. The employee shall request that the person signing for the delivery display a valid age-bearing photo identification document issued by this state, another state, or the federal government verifying that the person is twenty-one years old or older. Documentation verifying the identification of the person signing for the delivery shall be retained by the licensee for one year.

Any licensee who delivers alcoholic beverages to a person under twenty-one years old is subject to a civil penalty of one thousand dollars for a first offense and two thousand dollars for a second or subsequent offense. Any money collected pursuant to this section shall be deposited in the general fund.

Source: SL 2017, ch 169, § 1; SL 2018, ch 213, § 108.
S.D. Codified Laws § 35-12-15 — SD Code / Title 35 / Chapter 12 / Section 35-12-15
Application of title
Status: in_force

Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter.

Source: SL 2018, ch 222, § 3.
S.D. Codified Laws § 35-9-1.5 — SD Code / Title 35 / Chapter 9 / Section 35-9-1.5
Fine imposed on licensee when sale does not constitute criminal offense
Status: in_force

If a sale is in violation of § 35-9-1 or 35-9-1.1 and does not constitute a criminal offense against the licensee, the state's attorney for the county in which the sale took place may as part of any proceeding against the person making the sale request that the court require the licensee to pay a fine in accordance with §§ 35-9-1.4 to 35-9-1.6 , inclusive.

Source: SL 2010, ch 180, § 42.
S.D. Codified Laws § 35-2-5 — SD Code / Title 35 / Chapter 2 / Section 35-2-5
Time and place of hearing on retail license--Publication of notice
Status: in_force

The governing body of any incorporated municipality or county being presented applications for retail on-sale or off-sale alcoholic beverage licenses shall fix the time and place for hearing upon all applications that come before the body. The finance officer or county auditor shall publish one notice in the official newspaper of the municipality or county. The notice shall be headed "Notice of Hearing Upon Applications for Sale of Alcoholic Beverages," shall state the time and place when and where the applications will be considered, and shall state that any person interested in the approval or rejection of any application may appear and be heard. The notice shall be published at least one week before the hearing. At the hearing, the body shall consider each application and any objection to the application before making a final decision on an application.

Source: SL 1949, ch 17, § 2; SDC Supp 1960, § 5.0103-1; SL 2008, ch 37, § 144; SL 2018, ch 213, § 17.
S.D. Codified Laws § 35-8A-19 — SD Code / Title 35 / Chapter 8A / Section 35-8A-19
Future brand extensions to be assigned wholesaler who first had brand
Status: in_force

If prior to July 1, 1999, a brewer or importer assigned a brand extension to a wholesaler who was not the appointed wholesaler for the brand from which the brand extension was made, then any additional brand extension shall be assigned to the wholesaler who first had the brand.

Source: SL 1999, ch 187, § 6.
S.D. Codified Laws § 35-12B-9 — SD Code / Title 35 / Chapter 12B / Section 35-12B-9
Shipment in accordance with federal permit--Violation as misdemeanor
Status: in_force

A direct shipper may only ship wine that was produced by the direct shipper in accordance with the direct shipper's federal basic wine manufacturing permit. A violation of this section is a Class 2 misdemeanor.

Source: SL 2015, ch 196, § 10, eff. Jan. 1, 2016.
S.D. Codified Laws § 35-4-100 — SD Code / Title 35 / Chapter 4 / Section 35-4-100
Health warning sign--Contents--Copy provided to licensees
Status: in_force

The Department of Social Services shall create a nine inch by twelve inch sign to be displayed pursuant to § 35-4-99 . The sign shall explain the dangers faced by pregnant women who consume alcohol. The language in the sign shall be approved by the secretary of health. The Department of Social Services shall provide a copy of the sign to each licensee required by § 35-4-99 to display the sign.

Source: SL 1986, ch 298, § 2; SL 1992, ch 372 (Ex. Ord. 92-2), § 20; SL 2008, ch 37, § 184; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 35-2-9 — SD Code / Title 35 / Chapter 2 / Section 35-2-9
Sale of stock in trade on termination of license
Status: in_force

Any licensee authorized to deal in alcoholic beverages, upon termination of the license, may at any time within thirty days after the termination of the license sell the whole or any part of the alcoholic beverages included in the licensee's stock in trade at the time of the termination to any wholesaler licensed to sell the alcoholic beverages purchased.

Source: SDC 1939, § 5.0106; SL 2008, ch 37, § 147; SL 2010, ch 180, § 13; SL 2018, ch 213, § 29.
S.D. Codified Laws § 35-4-120 — SD Code / Title 35 / Chapter 4 / Section 35-4-120
Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal
Status: in_force

Upon the adoption of an ordinance pursuant to § 35-4-111 , any person who purchased an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) within the last five years shall report to the municipality or county that issued the license the amount paid for the license. If the municipality or county that issued the on-sale license adopts an ordinance pursuant to § 35-4-111 , and requests from any other licensee the amount originally paid for any other on-sale license pursuant to § 35-4-117 , the licensee shall report that amount to the municipality or county. The declared purchase price shall be made under oath and shall include the documents establishing the amount paid for the on-sale license. If the transaction included other personal property or real property, the full market value of the other property on the date of the transaction shall be deducted from the total purchase price to establish the amount paid for the license. The person who owned the license as of the date of the adoption of the ordinance has the burden of establishing the amount paid for the license. If the amount reported is used to determine current fair market value pursuant to § 35-4-117 , any licensee who contends that the amount does not accurately reflect the fair market value of the license on the date of purchase may file an objection to the report. The objection shall be filed with the municipality or county within thirty days of the date the license fee is set pursuant to § 35-4-116 . If an objection is filed, the governing board of the municipality or county shall conduct a hearing to determine the fair market value of the license. The determination of the governing board may be appealed to circuit court.

Source: SL 2009, ch 177, § 9; SL 2018, ch 213, § 102.
S.D. Codified Laws § 35-3-20 — SD Code / Title 35 / Chapter 3 / Section 35-3-20
Purchase invoices for municipal supplies filed with auditor or finance officer--Contents
Status: in_force

A copy of each purchase invoice for liquor store supplies delivered to and signed by the municipal liquor store manager or the manager's assistant shall be filed monthly with the municipal auditor or finance officer covering purchases for each establishment. The invoice shall clearly distinguish between off-sale and on-sale purchases and shall indicate the license classification under which all purchases are made.

Source: SL 1959, ch 14; SDC Supp 1960, § 45.1439; SL 2008, ch 37, § 160.
S.D. Codified Laws § 35-9-1.2 — SD Code / Title 35 / Chapter 9 / Section 35-9-1.2
Reasonable attempt to investigate age
Status: in_force

Any person charged with a violation of § 35-9-1 , 35-9-1.1 , or 35-12B-7 , may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person.

Source: SL 1991, ch 299; SL 2000, ch 182, § 1; SL 2010, ch 180, § 60; SL 2015, ch 196, § 8, eff. Jan. 1, 2016.
S.D. Codified Laws § 35-4-99 — SD Code / Title 35 / Chapter 4 / Section 35-4-99
Display of health warning sign--Violation as petty offense
Status: in_force

All licensed premises shall prominently display the sign provided for in § 35-4-100 . The sign shall be displayed in such a manner as to provide an unobstructed view to the customers of such licensee. Failure to display such sign is a petty offense.

Source: SL 1986, ch 298, § 1.
S.D. Codified Laws § 35-16-1 — SD Code / Title 35 / Chapter 16 / Section 35-16-1
Wine manufacturer defined
Status: in_force

For the purposes of this chapter the term, wine manufacturer, means any manufacturer located in this state producing, blending, filtering, clarifying, aging and bottling wine, as defined in § 35-1-1 , that is not a farm winery.

Source: SL 2018, ch 225, § 1.
S.D. Codified Laws § 35-4-130 — SD Code / Title 35 / Chapter 4 / Section 35-4-130
Quantity discounts and cash discounts permitted
Status: in_force

A retailer, as defined in subdivision 35-1-1(19), may offer quantity discounts or cash discounts to a consumer for the purchase of alcoholic beverages. Any quantity discount or cash discount offered by a retailer to a consumer shall comply with the provisions of § 35-4-129 .

Source: SL 2019, ch 165, § 1.
S.D. Codified Laws § 35-12-16 — SD Code / Title 35 / Chapter 12 / Section 35-12-16
Excise tax
Status: in_force

There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5 . Notwithstanding any other provision of law, the taxes imposed on a farm winery shall be deposited in the general fund.

Source: SL 2018, ch 222, § 4.
S.D. Codified Laws § 35-15-8 — SD Code / Title 35 / Chapter 15 / Section 35-15-8
Permitted sales by malt beverage manufacturer
Status: in_force

A licensed malt beverage manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed malt beverage manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.

Source: SL 2018, ch 224, § 8.
S.D. Codified Laws § 35-12B-5 — SD Code / Title 35 / Chapter 12B / Section 35-12B-5
Sale and shipment of wine registered for direct shipment--Requirements
Status: in_force

Notwithstanding any other provisions of title 35, a direct shipper licensed pursuant to this chapter may sell and ship wine to any person in this state who is twenty-one years of age or older if the wine is registered for direct shipment as required pursuant to § 35-12B-2 . Before shipping the wine, the direct shipper shall verify the age of the person placing the order by obtaining a copy of the person's valid age-bearing photo identification document issued by this state, another state, or the federal government, or by using an age verification service. The direct shipper shall record the name, address, date of birth, and telephone number of the person placing the order on the order form or other verifiable record. The direct shipper shall notify the person placing the order that the recipient of the shipment is required to show a valid age-bearing photo identification document issued by this state, another state, or the federal government upon delivery. No direct shipper may ship more than twelve cases of wine, containing no more than nine liters per case, in any calendar year to any person for personal use under this chapter.

Source: SL 2015, ch 196, § 5, eff. Jan. 1, 2016.
S.D. Codified Laws § 35-10-18 — SD Code / Title 35 / Chapter 10 / Section 35-10-18
Lien against place of violation for fines and costs assessed--Enforcement of lien
Status: in_force

If a person has knowledge or reason to believe that the person's structure, conveyance, or place is occupied or used for the manufacture, sale, bartering, giving away, keeping, consuming, or using of alcoholic beverages, contrary to the provisions of the laws of the state, and if the person allows the structure, conveyance, or place to be so occupied or used, the structure, conveyance, or place is subject to a lien for and may be sold to pay all fines and costs assessed against the person guilty of such nuisance for such violation. Any such lien may be enforced by action in any court having jurisdiction.

Source: SL 1939, ch 15, § 1; SL 1943, ch 13; SDC Supp 1960, § 5.01 14-2 ; SL 1971, ch 211, § 117; SL 2008, ch 37, § 202.
S.D. Codified Laws § 35-8A-6 — SD Code / Title 35 / Chapter 8A / Section 35-8A-6
Conditions for terminating, failing to renew, or refusing to continue under an agreement by supplier--Notice to wholesaler
Status: in_force

Upon providing the wholesaler notice by certified mail, a supplier may immediately terminate an agreement, cancel an agreement, fail to renew an agreement upon expiration of its term, or refuse to continue under an agreement if any of the following has occurred:

(1) The state or federal license of the wholesaler has been revoked or suspended for a period of more than thirty-one days;

(2) The wholesaler is insolvent, within the definition of that term contained in 11 U.S.C. § 101, as amended to January 1, 2008, and an order for relief under 11 U.S.C. ch. 7, as amended to January 1, 2008, has been entered with respect to the wholesaler, or there has been a liquidation or dissolution of the wholesaler that materially affects the wholesaler's ability to remain in business;

(3) The wholesaler or any individual who holds ten percent or more of the stock or other ownership interest of the wholesaler has been convicted of, or pleads guilty to, a felony that may in the reasonable judgment of the supplier materially and adversely affect the ability of the wholesaler to sell the supplier's products in the wholesaler's territory;

(4) The wholesaler has committed fraud in its dealings with the supplier or the supplier's products;

(5) The wholesaler has sold malt beverages supplied by the supplier to a retailer who the wholesaler knows, or reasonably should know, does not have a location within the wholesaler's territory at which the retailer is entitled to resell malt beverages; or the wholesaler has sold malt beverages supplied by the supplier to any person the wholesaler knows or should know will sell or supply all or part of the malt beverages to any retail location that does not have a location within the wholesaler's territory at which the retailer is entitled to resell malt beverages;

(6) The wholesaler has failed to pay for products ordered and delivered in accordance with established terms with the supplier and has continued to fail to make payment within five business days after receipt of written notice of the delinquency and demand for immediate payment;

(7) The wholesaler has made a transfer of wholesaler's business without prior written notice to, and approval by, the supplier in accordance with this chapter;

(8) The wholesaler ceases to carry on business with respect to the brewer's products unless the failure to carry on business is due to force majeure and the wholesaler has not taken reasonable steps to overcome those events that constitute the force majeure or has been unable to carry on business for a period of more than five days; or

(9) The brewer and wholesaler agree to a termination.

Source: SL 1990, ch 300, § 6; SL 2008, ch 37, § 192.
S.D. Codified Laws § 35-8A-8 — SD Code / Title 35 / Chapter 8A / Section 35-8A-8
Brewery may assume wholesaler's business--Time limitation--Brewer as limited partner with wholesaler
Status: in_force

If the brewery assumes ownership of the wholesaler's business upon payment of full value to the wholesaler or upon repossession under a loan from the brewer to the wholesaler, the brewery may operate the wholesalership for only a reasonable period of time thereafter, not to exceed two years. Otherwise, no manufacturer or brewer, or party directly interested in either of them, may be granted a wholesale license. Nothing in this chapter may be construed to prohibit an interest by a brewer in a wholesaler's business as a limited partner as defined by chapter 48-7 , or to the extent of any amount loaned by the brewer to the wholesaler in acquiring the wholesaler's business. Such arrangement may exist for no longer than ten years. If the general partner defaults in the agreement with the limited partner, and the latter acquires title to the general partner's interest, the limited partner shall divest itself of the general partner's interest within two years.

Source: SL 1990, ch 300, § 8; SL 1995, ch 208, § 2.
S.D. Codified Laws § 35-2-24 — SD Code / Title 35 / Chapter 2 / Section 35-2-24
Requirements for reissuance of license
Status: in_force

No license granted under this title may be reissued until all taxes incurred by the licensee as a result of the operation of the licensed premises, including municipal and state sales and use taxes, state reemployment assistance or unemployment insurance tax, or any other state tax, are paid or are not delinquent. No license granted under this title may be reissued until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No license granted under this title may be reissued to an Indian tribe operating in Indian country controlled by the Indian tribe or to an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until the Indian tribe or enrolled tribal member remits to the Department of Revenue all use tax incurred by nonmembers as a result of the operation of the licensed premises, and any other state tax has been remitted or is not delinquent.

Source: SL 1990, ch 293, § 2; SL 2006, ch 191, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2019, ch 216, § 36.
S.D. Codified Laws § 35-4-114 — SD Code / Title 35 / Chapter 4 / Section 35-4-114
On-premise consumption required
Status: in_force

A full-service restaurant on-sale licensee may only serve alcoholic beverages for on-premise consumption in the bar and dining room area of the restaurant.

Source: SL 2008, ch 189, § 5.
S.D. Codified Laws § 35-4-11.12 — SD Code / Title 35 / Chapter 4 / Section 35-4-11.12
On-sale licenses for improvement districts
Status: in_force

A county may issue on-sale licenses pursuant to subdivision 35-4-2(6) to be operated only within an improvement district, created pursuant to chapter 7-25A , within the county. The number of licenses issued in the improvement district may not exceed three for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof.

Source: SL 2000, ch 180, § 1; SL 2018, ch 213, § 62.
S.D. Codified Laws § 35-5-19 — SD Code / Title 35 / Chapter 5 / Section 35-5-19
Interest and penalty for delinquency in filing return or payment of tax--Reduction of penalty for reasonable cause--Additional amount added for false return--Collection and enforcement
Status: in_force

Any person required to file returns or reports under this chapter, who fails to file a return or report or pay the tax when due is subject to interest and penalty at the rates set forth in § 10-59-6 . However, for a reasonable cause shown, the secretary may reduce or eliminate the penalty. If any licensee files a false or fraudulent return, an amount equal to the tax evaded, or attempted to be evaded, shall be added to the tax. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants, and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest and then to penalty. No court may enjoin the collection of the tax or civil penalty.

Source: SDC 1939, § 5.0239 as added by SL 1963, ch 12, § 2; SDC Supp 1960, § 5.02 38-1 ; SDCL §§ 35-5-18, 35-7-7; SL 1971, ch 211, § 90; SL 1983, ch 28, § 48; SL 1983, ch 265; SL 1984, ch 319, § 22; SL 1988, ch 296; SL 2018, ch 213, § 120.
S.D. Codified Laws § 35-1-8.1 — SD Code / Title 35 / Chapter 1 / Section 35-1-8.1
Sacramental wines exempt
Status: in_force

The provisions of this title relating to licensing and taxation do not apply to the purchase and sale of wines used by ordained rabbis, priests, ministers, or pastors of any church or established religious organization for sacramental purposes within the state.

Source: SDC 1939, §§ 5.0101 (25), 5.0229; SDCL § 35-4-59; SL 1971, ch 211, § 3; SL 2008, ch 37, § 137.
S.D. Codified Laws § 35-4-2.11 — SD Code / Title 35 / Chapter 4 / Section 35-4-2.11
Distribution of license and transfer fees and penalties
Status: in_force

Fifty percent of all license and transfer fees received pursuant to subdivision 35-4-2(16) shall remain in the municipality in which the licensee paying the fee is located. If the licensee is located outside the corporate limits of a municipality, fifty percent of the fees remain in the county in which the licensee is located. The remainder of all license and transfer fees and penalties received shall be credited to the state general fund.

Source: SL 2010, ch 180, § 50; SL 2011, ch 172, § 3; SL 2018, ch 213, § 52.
S.D. Codified Laws § 35-3-12 — SD Code / Title 35 / Chapter 3 / Section 35-3-12
Form of questions on procurement of license by municipality
Status: in_force

The form of submitting the question of whether the municipality is to procure a license or licenses for sale of alcoholic beverages, except malt beverages, to be voted upon at a special election pursuant to §§ 35-3-8 and 35-3-9 , shall be:

(1) "Shall an off - sale license for the sale of alcoholic beverages, except malt beverages, be issued to ________ (naming the municipality or organized township)?"

(2) "Shall an on - sale license for the sale of alcoholic beverages, except malt beverages, be issued to ________ (naming the municipality or organized township)?"

Source: SDC 1939, § 5.0234 (2); SL 1959, ch 10, § 1; SL 1971, ch 211, § 32; SL 1987, ch 261, § 6.
S.D. Codified Laws § 35-4-21 — SD Code / Title 35 / Chapter 4 / Section 35-4-21
Contents of operating agreements
Status: in_force

An operating agreement under § 35-4-19 shall include:

(1) The manager is responsible for all operating expenses, including taxes, insurance, and license fees, if any;

(2) The manager may dispense only alcoholic beverages supplied by the municipal off-sale establishment;

(3) The agreement shall be for a period not to exceed five years with the provision of one extension also not to exceed five years in the discretion of the governing body;

(4) The agreement may be canceled by ninety days' written notice by either party;

(5) The manager shall pay for all alcoholic beverages supplied by the municipal off-sale establishment, the actual cost price, the transportation charges and markup, and any additional compensation or fee as may be mutually agreed upon by both parties;

(6) A complete and detailed record shall be maintained by the municipality of all alcoholic beverages supplied the on-sale manager. All alcoholic beverages shall be evidenced by prenumbered invoices prepared in triplicate showing the date, quantity, brand, size, and actual cost as set forth in subdivision (5) of this section. The invoices shall bear the signature of the on-sale manager or the manager's authorized representative. One copy of the invoice shall be retained by the off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the municipal auditor or clerk. All copies shall be kept as permanent records and made available for reference and audit purposes.

Source: SDC 1939, § 5.0204 (9) (b) as added by SL 1959, ch 7, § 2; SL 1971, ch 211, § 51; SL 2008, ch 37, § 170; SL 2018, ch 213, § 67.
S.D. Codified Laws § 35-2-6.9 — SD Code / Title 35 / Chapter 2 / Section 35-2-6.9
Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers
Status: in_force

Notwithstanding the provisions of § 35-2-6.4 or 35-4-52 , a manufacturer, wholesaler, or an agent of a manufacturer or wholesaler may enter into a sponsorship or advertising agreement with a retailer who is a civic, charitable, educational, fraternal, or veterans organization licensed pursuant to § 35-4-124 , a public entity as defined by § 3-21-1 , or an operator of property owned by a public entity for advertising at or sponsorship of property owned by the public entity.

Source: SL 2018, ch 218, § 1.
S.D. Codified Laws § 35-10-27 — SD Code / Title 35 / Chapter 10 / Section 35-10-27
Proceedings governed by general law of contempt
Status: in_force

Except as otherwise provided in §§ 35-10-25 and 35-10-26 , the practice in contempt proceedings pursuant to § 35-10-25 shall conform as nearly as may be to the practice in contempt proceedings which is now or may hereafter be prescribed by the laws of this state.

Source: SL 1939, ch 15, § 3; SDC Supp 1960, § 5.01 14-4 .
S.D. Codified Laws § 35-14-3 — SD Code / Title 35 / Chapter 14 / Section 35-14-3
Application of title
Status: in_force

Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter.

Source: SL 2018, ch 223, § 18.
S.D. Codified Laws § 35-5-22.2 — SD Code / Title 35 / Chapter 5 / Section 35-5-22.2
Distribution to counties from alcoholic beverage fund
Status: in_force

Twenty-five percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the counties. Twenty-five percent of the alcoholic beverage fund distributed to counties shall be divided equally by all counties. The remaining seventy-five percent shall be allocated to counties by the ratio of the population of each county to the total population of all the counties sharing in the receipts. The department shall make the reversion by remitting not later than November first, February first, May first, and August first of each year to the county auditor of each county its share of the fund. The amount received by each county pursuant to this section and § 35-5-25 shall be deposited in the county's general fund to be dedicated to expenses related to county law enforcement, jails, state's attorneys, public defenders, and court-appointed attorneys.

Source: SL 2016, ch 190, § 2; SL 2018, ch 213, § 126.
S.D. Codified Laws § 35-2-1.1 — SD Code / Title 35 / Chapter 2 / Section 35-2-1.1
Applications submitted to secretary--Approval if suitable
Status: in_force

Any application under this title for a manufacturer, wholesaler, transporter, carrier, retail on premises manufacturer, wine carrier, or direct shipper license, and any application for a license to be issued to a county or municipality, shall be initially submitted to the secretary. The secretary may approve the application if the secretary considers the applicant suitable to hold the license and the proposed location is suitable.

Source: SDC 1939, §§ 5.0207, 5.0306; SDCL §§ 35-4-31, 35-6-14; SL 1971, ch 211, § 12; SL 2008, ch 37, § 139; SL 2018, ch 213, § 11.
S.D. Codified Laws § 35-13-19 — SD Code / Title 35 / Chapter 13 / Section 35-13-19
Permitted sales by artisan distiller--Limitation
Status: in_force

A licensed artisan distiller may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed artisan distiller may sell alcoholic beverages produced by the licensee to any wholesaler or retailer authorized to receive the alcoholic beverages. A licensed artisan distiller may sell alcoholic beverages to any licensed artisan distiller, farm winery, microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process.

The quantity of alcoholic beverages sold pursuant to this section may not exceed the total production limits for the license as specified in § 35-13-13 .

Source: SL 2018, ch 223, § 7.
S.D. Codified Laws § 35-4-45 — SD Code / Title 35 / Chapter 4 / Section 35-4-45
Bonded warehouse permitted to store beverages--Additional bond required
Status: in_force

Any bonded warehouse within this state may, upon compliance with this section, receive alcoholic beverages for storage purposes. Before receiving any alcoholic beverages, the bonded warehouse shall furnish, in addition to any bond previously furnished under law, a bond in the amount of ten thousand dollars guaranteeing that the bonded warehouse, its officers, employees, and agents will comply with all provisions of this title applicable to the bonded warehouse. The bond shall be in a form prescribed by the secretary and shall be approved by and filed with the secretary.

Source: SDC 1939, § 5.0213; SL 1971, ch 211, § 56; SL 2008, ch 37, § 174; SL 2018, ch 213, § 72.
S.D. Codified Laws § 35-4-5.1 — SD Code / Title 35 / Chapter 4 / Section 35-4-5.1
Manufacturers and retailers may not be granted wholesale license
Status: in_force

No manufacturer or retailer, or a copartner or a majority stockholder of a parent or subsidiary corporation or holder of a controlling interest in a manufacturer or retailer, may be granted a wholesale license or be granted a renewal of a wholesale license under this chapter.

Source: SL 1970, ch 211, § 1; SL 1971, ch 211, § 43; SL 2008, ch 37, § 166; SL 2010, ch 180, § 23; SL 2018, ch 213, § 54.
S.D. Codified Laws § 35-4-66 — SD Code / Title 35 / Chapter 4 / Section 35-4-66
Restrictions on transportation of beverages
Status: in_force

Alcoholic beverages may be transported only by:

(1) A transporter licensee in the course of delivery to persons authorized under this title to receive the alcoholic beverages;

(2) A manufacturer or wholesaler in the manufacturer or wholesaler licensee's own vehicles, carrying the manufacturer or wholesaler licensee's own merchandise;

(3) A manufacturer carrying only samples, sealed or unsealed;

(4) An individual, in interstate transportation carrying alcoholic beverages in quantities of one gallon or less, or in intrastate transportation carrying any quantity, but in either case carrying alcoholic beverages purchased by the individual for personal use only or produced by the individual pursuant to § 35-1-5.4 ;

(5) A common carrier in interstate commerce if the shipment originates outside the state and is destined for a point outside the state;

(6) A carrier licensee, in exercise of the privileges granted pursuant to the license or purchased by passengers for personal use while on the conveyance;

(7) An established religious organization, in interstate transportation carrying alcoholic beverages in quantities of four gallons or less, or in intrastate transportation carrying any quantity, but in either case only alcoholic beverages purchased by the established religious organization for sacramental use;

(8) An off-sale delivery licensee;

(9) A wine carrier as defined in § 35-12B-1 ; or

(10) A retailer, carrying the retailer's own merchandise purchased from a wholesaler to the retailer's licensed premises.

Source: SDC 1939, § 5.0220; SL 1945, ch 23; SL 1971, ch 211, § 65; SL 1972, ch 200; SL 1977, ch 288; SL 2008, ch 37, § 179; SL 2010, ch 182, § 1; SL 2017, ch 169, § 3; SL 2018, ch 213, § 82; SL 2018, ch 215, § 5; SL 2019, ch 164, § 1; SL 2021, ch 165, § 3.
S.D. Codified Laws § 35-15-4 — SD Code / Title 35 / Chapter 15 / Section 35-15-4
Excise tax
Status: in_force

There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5 .

Source: SL 2018, ch 224, § 4.
S.D. Codified Laws § 35-9-2.2 — SD Code / Title 35 / Chapter 9 / Section 35-9-2.2
Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained
Status: in_force

If a merchant chooses to implement the provisions of § 35-9-2.1 , the merchant shall conspicuously post a notice, on the merchant's premises, stating that any person who the merchant reasonably believes was under the age of twenty - one and has attempted to purchase alcoholic beverages, will be detained and surrendered to a law enforcement officer.

Source: SL 2000, ch 185, § 2.
S.D. Codified Laws § 35-16-6 — SD Code / Title 35 / Chapter 16 / Section 35-16-6
Registration of labels
Status: in_force

The holder of any license issued under this chapter shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13 , before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.

Source: SL 2018, ch 225, § 6.
S.D. Codified Laws § 35-9-9 — SD Code / Title 35 / Chapter 9 / Section 35-9-9
Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor
Status: in_force

No person, acting as a social host, may, knowingly, permit any person under the age of eighteen to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of this section is a Class 1 misdemeanor.

Source: SL 2014, ch 177, § 1.
S.D. Codified Laws § 35-8A-11 — SD Code / Title 35 / Chapter 8A / Section 35-8A-11
Distribution agreement binding upon successor
Status: in_force

A successor to a supplier or wholesaler is bound by each distribution agreement the predecessor was a party to at the time of transfer with respect to each brand the successor continues to make available for sale in this state.

Source: SL 1990, ch 300, § 11.
S.D. Codified Laws § 35-15-7 — SD Code / Title 35 / Chapter 15 / Section 35-15-7
Additional locations of microbrewery--Limitation
Status: in_force

A licensed microbrewery may operate up to five additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the total production limits for the license as specified in § 35-15-1 . Any additional license issued pursuant to this section has the privileges of the original license as specified in §§ 35-15-5 and 35-15-6 .

Source: SL 2018, ch 224, § 7.
S.D. Codified Laws § 35-3-28 — SD Code / Title 35 / Chapter 3 / Section 35-3-28
Credit purchases may be prohibited by lessee of license
Status: in_force

A municipality which has a municipal alcoholic beverage license may prohibit a lessee of such license from purchasing alcoholic beverages on credit.

Source: SL 1990, ch 294.
S.D. Codified Laws § 35-9-4.1 — SD Code / Title 35 / Chapter 9 / Section 35-9-4.1
Legislative intent and purpose for raising minimum drinking age
Status: in_force

The South Dakota Legislature enacts chapter 261 of the 1987 Session Laws to raise the state's minimum drinking age to twenty - one years of age solely under the duress of a funding sanction imposed by the United States Department of Transportation under 23 U.S.C § 158. The Legislature strongly objects to being forced to choose between loss of highway construction funds, which are badly needed to construct priority road projects to promote the public health and safety of the state's inhabitants and visitors, and loss of its right to set its own drinking age. The action taken by this Legislature shall not be construed as a concession or waiver of its constitutional right to establish at what age an individual may lawfully purchase, possess, and consume alcoholic beverages. Rather, it is taken to ensure that South Dakota is not penalized while it challenges in the United States Supreme Court the federal government's attempt to usurp the state's right to regulate the drinking age of its citizens. This legislation is enacted with the expressed intent of providing the South Dakota attorney general the maximum flexibility to pursue South Dakota's challenge to the federal government's intrusion into a right reserved to the state while ensuring the full availability of federal highway funds for the 1988 construction season. It is the intent of this Legislature that if at any time before or after the effective date of this legislation the provisions of 23 U.S.C § 158 are repealed, expired or declared invalid by the United States Supreme Court, the provisions of this legislation shall become null and void and any provision repealed by SL 1987, ch 261 shall be revived pursuant to § 2-14-19 .

Source: SL 1987, ch 261.
S.D. Codified Laws § 35-4-112 — SD Code / Title 35 / Chapter 4 / Section 35-4-112
Documentation in support of initial application for full-service restaurant on-sale license
Status: in_force

In the initial application, an applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality or county to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverages. The supporting documentation concerning the primary source of revenue submitted pursuant to this section is confidential.

Source: SL 2008, ch 189, § 3; SL 2009, ch 177, § 3.
S.D. Codified Laws § 35-8A-3 — SD Code / Title 35 / Chapter 8A / Section 35-8A-3
Distribution contracts--Application of this chapter
Status: in_force

Any supplier and any wholesaler may contract with one another to establish the terms and conditions of their distribution arrangement. If any supplier and any wholesaler have entered into a mutually binding written agreement, the provisions of this chapter do not apply and the relationship, rights, and obligations as between the parties shall be governed in all respects by the provisions of the mutually binding written agreement, if the provisions are reasonable, nondiscriminatory, and not unconscionable. However, no provision of a mutually binding written agreement that is determined to be unreasonable, discriminatory, and unconscionable is of any effect, and the provision is severable from any other provisions. Any specific provision in the agreement is invalid if the provision is more restrictive of the wholesaler's right than this chapter allows or if the provision lessens any obligation of the supplier as specified in this chapter; in that event the provisions of this chapter apply. A supplier may have a different agreement with different wholesalers in different brands.

In the event of a dispute as to whether the relationship, rights, and obligations as between a supplier and a wholesaler are governed by a mutually binding written agreement or by this chapter, any court of competent jurisdiction in this State may determine the issue by declaratory judgment upon proper application to the court by either party to the dispute.

Source: SL 1990, ch 300, § 3; SL 2008, ch 37, § 191.
S.D. Codified Laws § 35-4-2 — SD Code / Title 35 / Chapter 4 / Section 35-4-2
Classes of licenses enumerated--Fees
Status: in_force

The classes of licenses, with the fee of each class, are as follows:

(1) Repealed by SL 2018, ch 223, § 13;

(2) Wholesalers of alcoholic beverages--five thousand dollars;

(3) Off-sale--not less than three hundred dollars. The renewal fee for the license may not exceed five hundred dollars;

(4) On-sale--not less than one dollar for each person residing within the municipality as measured by the last preceding federal census. The renewal fee for the license may not exceed fifteen hundred dollars;

(5) Off-sale licenses issued to municipalities under local option--not less than two hundred fifty dollars;

(6) On-sale licenses issued outside municipalities--not less than the amount the nearest municipality to the applicant is charging for a like license. The renewal fee shall be the same as is charged for a like license in the nearest municipality. If the municipality to which the applicant is nearest holds an on-sale license, pursuant to § 35-3-13 and does not charge a specified fee, then the fee shall be the minimum amount that could be charged as if the municipality had not been authorized to obtain on-sale licenses pursuant to § 35-3-13 . The renewal fee shall be the same as could be charged for a like license in the nearest municipality;

(7) Repealed by SL 2018, ch 213, § 46;

(8) Transportation companies--twenty-five dollars;

(9) Carrier--one hundred dollars. The fee licenses all conveyances the licensee operates in this state;

(10) Repealed by SL 2018, ch 213, § 46;

(11) On-sale dealers at publicly operated airports--two hundred fifty dollars;

(12) Wine and cider retailers, being both package dealers and on-sale dealers--five hundred dollars;

(13) Convention facility on-sale--not less than one dollar for each person residing within the municipality as measured by the last preceding federal census. The renewal fee for the license may not exceed fifteen hundred dollars;

(14) Repealed by SL 2018, ch 224, § 11;

(15) Wholesalers of malt beverages--four hundred dollars;

(16) Malt beverage and wine produced by a farm winery licensee, being both package dealers and on-sale dealers--three hundred dollars;

(17) Repealed by SL 2018, ch 213, § 46;

(17A) Repealed by SL 2018, ch 213, § 46;

(18) Repealed by SL 2018, ch 213, § 46;

(19) Repealed by SL 2018, ch 213, § 46 and ch 222, § 11;

(20) Repealed by SL 2018, ch 213, § 46;

(21) Retail on premises manufacturer--two hundred fifty dollars;

(22) Repealed by SL 2018, ch 223, § 13; and

(23) Off-sale delivery--one hundred fifty dollars.

Source: SDC 1939, § 5.0203; SL 1945, ch 17, § 2; SL 1947, ch 19; SDC Supp 1960, § 5.0204 (13), (14) as enacted by SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SL 1966, ch 10; SDC Supp 1960, § 5.0204 (15) as enacted by SL 1967, ch 6; SL 1968, ch 2, § 1; SL 1970, ch 206, § 1; SL 1970, ch 207, § 1; SL 1971, ch 211, §§ 40, 41, 121; SL 1973, ch 236, § 1; SL 1975, ch 228; SL 1981, ch 270, § 1; SL 1985, ch 291, §§ 1, 3, 4A; SL 1986, ch 300; SL 1987, ch 261, § 16; SL 1988, ch 292, § 1B; SL 1989, ch 312; SL 1990, ch 296; SL 1993, ch 265; SL 1994, ch 285, § 1; SL 1995, ch 207, § 2; SL 2001, ch 194, § 1; SL 2003, ch 190, § 1; SL 2003, ch 191, § 1; SL 2006, ch 194, § 12; SL 2008, ch 182, § 1; SL 2008, ch 183, § 1; SL 2009, ch 48, § 3; SL 2011, ch 172, § 1; SL 2014, ch 175, § 1; SL 2014, ch 176, § 1; SL 2017, ch 166, § 1; SL 2017, ch 169, § 2; SL 2018, ch 213, § 46; SL 2018, ch 215, § 4; SL 2018, ch 219, § 1; SL 2018, ch 222, § 11; SL 2018, ch 223, § 13; SL 2018, ch 224, § 11.
S.D. Codified Laws § 35-14-10 — SD Code / Title 35 / Chapter 14 / Section 35-14-10
Promulgation of rules
Status: in_force

The secretary may promulgate rules, pursuant to chapter 1-26 , establishing the criteria and procedures for obtaining a license pursuant to this chapter, and procedures for collecting the excise taxes pertaining to the licenses.

Source: SL 2018, ch 223, § 25.
S.D. Codified Laws § 35-4-75 — SD Code / Title 35 / Chapter 4 / Section 35-4-75
Service by on-sale licensees restricted to premises--Violation as misdemeanor
Status: in_force

No on-sale licensee may serve alcoholic beverages except on the premises authorized by the license. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 5.0226 (5); SL 1953, ch 10; SL 1963, ch 15; SL 1971, ch 211, § 69; SL 1992, ch 158, § 58; SL 2008, ch 37, § 182.
S.D. Codified Laws § 35-3-7 — SD Code / Title 35 / Chapter 3 / Section 35-3-7
Questions subject to local option--On-sale licensing--Municipality procuring license
Status: in_force

Any municipality may, by vote of its electors, as provided in §§ 35-3-8 to 35-3-23 , inclusive, determine whether or not alcoholic beverages, except malt beverages, may be sold within the municipality by on-sale dealers. The municipality may also in the same manner determine whether the municipality shall procure a license or licenses for the sale of alcoholic beverages, except malt beverages, at retail, or, if the municipality is engaged in such a business, whether the license or licenses shall be renewed.

Source: SDC 1939, § 5.0232; SL 1971, ch 211, § 30; SL 1987, ch 261, § 4; SL 2008, ch 37, § 155.
S.D. Codified Laws § 35-8A-10 — SD Code / Title 35 / Chapter 8A / Section 35-8A-10
Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay
Status: in_force

A wholesaler may, at death, transfer the wholesaler's business to a designated member. The consent or approval of the supplier is not required for any transfer of the wholesaler's business at death, including the assignment of wholesaler's rights under the agreement, to a designated member. Any other transfer of wholesaler's business is subject to the supplier's prior written approval. Upon written notice of intent to transfer the wholesaler's business, any individual owning an interest in a wholesaler may transfer that interest to any person who meets the reasonable qualifications required by the supplier. The consent or approval of the supplier is required for any transfer of the wholesaler's business to a proposed transferee to assure that the proposed transferee meets the reasonable qualifications of the supplier. The supplier may not withhold consent without good cause. The supplier may not interfere with, prevent or unreasonably delay the transfer of wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee meets the reasonable qualifications required by the supplier. For the purposes of this section, the term, "unreasonable delay," means a period exceeding sixty days after receipt by supplier of all information reasonably requested from the wholesaler unless a longer period of time is justified by the circumstances. The supplier has the burden of showing that he has acted reasonably and in good faith in refusing to consent to the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement.

Source: SL 1990, ch 300, § 10.
S.D. Codified Laws § 35-2-2.1 — SD Code / Title 35 / Chapter 2 / Section 35-2-2.1
Agreement by license applicant granting access to premises and records
Status: in_force

Each application for a license under this title shall include an agreement by the applicant that the applicant's premises, for the purposes of search and seizure laws of the state and any ordinances of the municipality where the license is issued, are considered public premises. In addition, the agreement shall state:

(1) The premises and all buildings, safes, cabinets, lockers, and storerooms on the premises are at all times, on demand of the secretary, the attorney general, or officers charged with law enforcement in the county or municipality, open to inspection;

(2) All of the applicant's records and books dealing with the sale and ownership of alcoholic beverages are open to the persons specified in subdivision (1) for inspection; and

(3) The application and license issued on the application is a contract between the applicant and the state and the county or municipality having jurisdiction entitling the state and the county or municipality, for the purpose of enforcing the law, rules, and ordinances, to inspect the applicant's premises and books at any time.

Source: SDC 1939, § 5.0209; SL 1945, ch 21, § 2; SDCL §§ 35-4-39, 35-4-40; SL 1971, ch 211, § 14; SL 2008, ch 37, § 141; SL 2018, ch 213, § 14.
S.D. Codified Laws § 35-3-25 — SD Code / Title 35 / Chapter 3 / Section 35-3-25
Liquidation of municipal business on disapproval by voters
Status: in_force

If the result of an election held after the establishment of a business pursuant to this chapter requires the municipality to cease operation of the business, or any part of the business, the governing board of the municipality may liquidate the business and the assets of the business in a manner determined by resolution of the governing board, not inconsistent with the provisions of this title.

Source: SDC 1939, § 5.0237; SL 2008, ch 37, § 163.