reglab/housing_qa huggingface dataset:
SD Codified L § 35-1-9.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 01 - Definitions And General Provisions|Section 35-1-9.1 - Consumption or possession of alcoholic beverage in vehicle a misdemeanor--Exceptions.

35-1-9.1. Consumption or possession of alcoholic beverage in vehicle a misdemeanor--Exceptions.It is a Class 2 misdemeanor for any person occupying a motor vehicle located upon a public highway or the right-of-way of a public highway to consume any alcoholic beverage or have a package or any receptacle containing an alcoholic beverage in that person's possession unless the seal of the original package remains unbroken or the alcoholic beverage is so removed from the passenger area of the motor vehicle that no occupant of the motor vehicle has access to it. Source: SDC 1939, §5.0227 (1); SDCL, §35-4-87; SL 1971, ch 211, §4; SL 1977, ch 190, §124; SL 1999, ch 184, §1.
SD Codified L § 35-1-9.3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 01 - Definitions And General Provisions|Section 35-1-9.3 - Certain situations not in violation of § 35-1-9.1.

35-1-9.3. Certain situations not in violation of §35-1-9.1.It is not a violation of §35-1-9.1 if:(1)An alcoholic beverage is located in a locked glove compartment of the motor vehicle;(2)An open alcoholic beverage is behind the last upright seat of a motor vehicle that is not equipped with a trunk or in an area not normally occupied by the driver or passengers; or(3)A passenger in a motor vehicle operated by a carrier as defined in subdivision 35-1-1(3) and licensed pursuant to subdivision 35-4-2(9) possesses an open alcoholic beverage. However, the driver of a carrier is prohibited from possessing in the driver compartment of the vehicle a package or receptacle containing an alcoholic beverage if the seal of the original package is broken. Source: SL 1999, ch 184, §§3, 4, 5; SL 2014, ch 174, §2; SL 2018, ch 213, §9.
SD Codified L § 35-1-9.4 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 01 - Definitions And General Provisions|Section 35-1-9.4 - Carry out of partially consumed, sealed bottle of wine permitted under certain circumstances.

35-1-9.4. Carry out of partially consumed, sealed bottle of wine permitted under certain circumstances.A licensee that is licensed to sell wine on-sale may permit a customer to carry out the unconsumed portion of a bottle of wine if the customer purchased the bottle of wine from the licensee and consumed a portion of it with a meal that was prepared and served by the licensee at a table on the licensed premises. The licensee shall securely reseal the bottle of wine with a cork or other similar cap and place the bottle in a sealed bag or other container. The licensee shall also attach a receipt for the meal and the wine to the bag or container. Source: SL 2012, ch 190, §2; SL 2014, ch 174, §3.
SD Codified L § 35-1-12 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 01 - Definitions And General Provisions|Section 35-1-12 - Kegs of malt beverage--Retail sale--Records.

35-1-12. Kegs of malt beverage--Retail sale--Records.No keg of malt beverage may be sold at retail in this state unless the licensee who sold the keg records the name and address of the person to whom the keg is sold and has provided for the identification of the keg. Each licensee shall maintain such sales records for one year and shall make the sales records available to any law enforcement agency upon request.The identification provided for in this section may not be permanent or damaging to the structure of the keg. For the purposes of this section, the term, keg, means an eight or sixteen gallon reusable plastic or metal container. Source: SL 1991, ch 295, §§2, 3; SL 2010, ch 180, §7.
SD Codified L § 35-1-13 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 01 - Definitions And General Provisions|Section 35-1-13 - Sale, purchase, possession, or use of alcohol without liquid device prohibited--Exceptions--Violation as misdemeanor.

35-1-13. Sale, purchase, possession, or use of alcohol without liquid device prohibited--Exceptions--Violation as misdemeanor.No person may sell, offer to sell, purchase, possess, or use an alcohol without liquid device. For the purposes of this section, the term, alcohol without liquid device, means an apparatus that is advertised, designed, or used to vaporize an alcoholic beverage to produce a vapor that may be inhaled by an individual. The term does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended specifically for medical purposes to dispense prescribed or over-the-counter medications or water.This section does not apply to a hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or a pharmaceutical company or biotechnology company conducting bona fide research.A violation of this section is a Class 1 misdemeanor. Source: SL 2008, ch 181, §1.
SD Codified L § 35-1-14 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 01 - Definitions And General Provisions|Section 35-1-14 - Production and storage of alcoholic beverages--Postsecondary institutions--Purposes--Exemptions--Prohibitions.

  35-1-14  .  Production and storage of alcoholic beverages--Postsecondary institutions--Purposes--Exemptions--Prohibitions.   As used in this section, the term, postsecondary institution, includes any postsecondary institution, technical institute, or private college or university located within this state.   A postsecondary institution may produce up to two hundred gallons of distilled spirits, up to two hundred gallons of malt beverage, and up to two hundred gallons of wine each year, and securely store up to two hundred gallons of each at any given time, for purposes of research and offering bona fide educational courses instructing students in the production and serving of distilled spirits, malt beverage, or wine. A postsecondary institution is not deemed a manufacturer or retailer under this title. Only students enrolled in a course, faculty, researchers, or research participants directly involved in the purposes of this section may consume alcohol produced under this section.   The production and storage of alcohol under this section is exempt from any licensing required by this title, or any tax or fee imposed by this title. Any distilled spirits, malt beverage, or wine produced under this section may only be consumed for classroom instruction or research and may not be donated, sold, or offered for sale.   No person under age twenty-one may be a student in a course offered under this section, nor may any person under the age of twenty-one consume distilled spirits, malt beverage, or wine produced under this section.     Source:  SL 2020, ch 155, § 1.
SD Codified L § 35-2-1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-1 - License application--Contents.

35-2-1. License application--Contents.Any application for a license as provided in this title shall be made on forms prescribed by the secretary. The application shall contain information required by the secretary and necessary to determine the eligibility of the applicant. Source: SDC 1939, §5.0103; SL 2010, ch 180, §8; SL 2018, ch 213, §10.
SD Codified L § 35-2-1.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-1.1 - Applications submitted to secretary--Approval if suitable.

35-2-1.1. Applications submitted to secretary--Approval if suitable.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.
SD Codified L § 35-2-1.2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-1.2 - Applications submitted to local governing body--Fee--Approval or disapproval.

35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval.Any applicant for a new retail license, except as set forth in §35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county in which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable.The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35-4-2(4), (6), or (13) if:(1)The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and(2)The governing body determines that possession of more than one-third of licenses available is not in the public interest.Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§5.0206, 5.0305; SL 1945, ch 21, §1; SL 1951, ch 11; SDC Supp 1960, §5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, §13; SL 2008, ch 37, §140; SL 2011, ch 171, §1; SL 2017, ch 164, §1; SL 2018, ch 213, §12.
SD Codified L § 35-2-2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-2 - Fees.

35-2-2. Fees.Every application for a license submitted to the secretary as provided by §35-2-1.1 shall be accompanied by payment of the required fee for the license. However, the license fee for a municipal off-sale license shall be retained by the municipality. If the application is rejected, the fee shall be promptly returned to the applicant. If the application is granted, the fee shall be deposited in the general fund. Source: SDC 1939, §5.0113; SL 1971, ch 211, §15; SL 1973, ch 235; SL 1987, ch 261, §3; SL 2010, ch 180, §9; SL 2018, ch 213, §13.
SD Codified L § 35-2-2.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-2.1 - Agreement by license applicant granting access to premises and records.

35-2-2.1. Agreement by license applicant granting access to premises and records.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.
SD Codified L § 35-2-3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-3 - Hearing required before issuance of retail license.

35-2-3. Hearing required before issuance of retail license.No license for a retail on-sale or off-sale alcoholic beverage license may be issued to an applicant until a public hearing is conducted pursuant to §§35-2-4 and 35-2-5. Source: SL 1949, ch 17, §1; SDC Supp 1960, §5.0103-1; SL 2008, ch 37, §142; SL 2018, ch 213, §15.
SD Codified L § 35-2-4 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-4 - Request for notice of hearing on retail license application--Notice by mail required.

35-2-4. Request for notice of hearing on retail license application--Notice by mail required.If any resident of an incorporated municipality files with the finance officer of the municipality, or if any resident of a county files with the county auditor a written request that the resident be notified of the time and place of hearing upon any specified application for a license for the retail on-sale or off-sale of alcoholic beverages, the finance officer or county auditor shall give notice to the resident. The notice shall be sent by mail a sufficient length of time before the hearing to allow the resident a reasonable opportunity to be present. Source: SL 1949, ch 17, §3; SDC Supp 1960, §5.0103-1; SL 2008, ch 37, §143; SL 2018, ch 213, §16.
SD Codified L § 35-2-5 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-5 - Time and place of hearing on retail license--Publication of notice.

35-2-5. Time and place of hearing on retail license--Publication of notice.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.
SD Codified L § 35-2-5.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-5.1 - Return of application disapproved by local governing body--Waiting period before new application.

35-2-5.1. Return of application disapproved by local governing body--Waiting period before new application.If the governing body of the municipality or county does not approve the application, the governing body shall endorse on the application the reasons for the denial and return the application and fee to the applicant. No further application may be received from the applicant until after the expiration of one year from the date of a denied application. However, if the application was denied based on the suitability of the location for the license, no further application may be received from the applicant until after three months from the date of the denied application if the subsequent application is for a different location. Source: SDC 1939, §§5.0206, 5.0305; SL 1945, ch 21, §1; SL 1951, ch 11; SDCL §§35-4-32, 35-6-15; SL 1971, ch 211, §16; SL 1992, ch 60, §2; SL 1993, ch 263; SL 2010, ch 180, §10; SL 2018, ch 213, §18.
SD Codified L § 35-2-5.2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-5.2 - Approval of application by local governing body--Approval by secretary required--Deposit of fees.

35-2-5.2. Approval of application by local governing body--Approval by secretary required--Deposit of fees.If the governing body of the municipality or county approves the application, the governing body shall endorse the approval on the application. The licensee is entitled to operate under the license for the succeeding licensing year if the license is approved by the secretary. The license fee shall be deposited in the general fund of the municipality or county. Source: SDC 1939, §§5.0206, 5.0305; SL 1945, ch 21, §1; SL 1951, ch 11; SDCL §§35-4-32, 35-6-15; SL 1971, ch 211, §16; SL 1980, ch 251, §1; SL 1992, ch 60, §2; SL 2010, ch 180, §11; SL 2018, ch 213, §19.
SD Codified L § 35-2-5.3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-5.3 - Licensing authority may not reissue on-sale license not actively used.

35-2-5.3. Licensing authority may not reissue on-sale license not actively used.No licensing authority may reissue any on-sale license issued pursuant to subdivision 35-4-2(4), (6), or (13) to the same licensee or the licensee's transferee if the license has not been actively used by the applicant during the two years preceding the date of the current application. For purposes of this section, the term, actively used, means that the licensed premises was open to the public during regular business hours for the sale and consumption of distilled spirits for at least sixty days during the two preceding years. However, the licensed premises is only required to be open five days per year if it is open to the public during a special event that has at least twenty-five thousand visitors. However, the number of licenses held by a municipality pursuant to chapter 35-3 may not be less than the total number of licenses available to be issued as of July 1, 2010. Source: SL 1975, ch 227; SL 2007, ch 206, §1, eff. Jan. 1, 2009; SL 2010, ch 181, §1; SL 2018, ch 213, §20.
SD Codified L § 35-2-6.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-6.1 - State educational institutions--License to operate on campus prohibited--Exceptions.

35-2-6.1. State educational institutions--License to operate on campus prohibited--Exceptions.No on-sale or off-sale license may be granted under this title to operate on the campus of any state educational institution. However, if the outside boundary of any state educational institution is extended this section does not apply to any license granted previous to the extension. This section does not apply to the school for the deaf established by chapter 13-62. For the purpose of this section, the term, campus, means only the area immediately surrounding the buildings used for classrooms, administrative offices, and housing.Notwithstanding the provisions of this section:(1)An alcoholic beverage license may be issued pursuant to subdivisions 35-4-2(12) and (16) for the sole purpose of permitting the licensee to engage in the periodic retail sale of malt beverages or wine for consumption on-site at a location and time, authorized by the Board of Regents, that involves the performing arts, intercollegiate athletics, fund raising, a reception, a conference, or an occasional or scheduled event at a facility used for performing arts, intercollegiate athletics, events, or receptions; and(2)A special events license may be issued pursuant to §§35-4-124, 35-4-124.1, and 35-4-125 for a special event authorized by the Board of Regents that involves the performing arts, intercollegiate athletics, fund raising, a reception, a conference, or an occasional or scheduled event. Source: SDC 1939, §§5.0204 (7), 5.0303 (7); SL 1951, ch 10; SDCL §§35-4-17, 35-6-12; SL 1971, ch 211, §24; SL 1974, ch 246, §1; SL 1979, ch 245; SL 1980, ch 252; SL 1984, ch 247; SL 2016, ch 187, §1; SL 2018, ch 213, §21.
SD Codified L § 35-2-6.2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-6.2 - Character requirements for licensees.

35-2-6.2. Character requirements for licensees.Any licensee under this title shall be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers of the corporation shall meet the same qualifications. Source: SDC 1939, §§5.0204 (10) (c), 5.0303 (2); SDCL §§35-4-26, 35-6-4; SL 1971, ch 211, §25; SL 2018, ch 213, §22.
SD Codified L § 35-2-6.3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-6.3 - Ownership or lease of premises required of licensees--Ownership of business.

35-2-6.3. Ownership or lease of premises required of licensees--Ownership of business.Any manufacturer, wholesaler, or retailer licensee under this title shall be the owner or actual lessee of the premises where the business is conducted and the sole owner of the business operated under the license. However, this section does not apply to a special event licensee issued a temporary license pursuant to §35-4-124. Source: SDC 1939, §§5.0204 (10) (d), (e), 5.0303 (3); SDCL §§35-4-27, 35-4-28, 35-6-7; SL 1971, ch 211, §26; SL 2018, ch 213, §23.
SD Codified L § 35-2-6.4 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-6.4 - Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor.

35-2-6.4. Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor.No manufacturer or wholesaler licensee under this title nor any officer, director, stockholder, agent, or employee thereof or any relative of the licensee, officer, director, stockholder, agent, or employee may be in any way financially interested, either directly or indirectly, or participate in the operation of the business of any retailer licensee other than by reason of sales to the licensee. A retailer who is a party to any action prohibited by this section is guilty of a Class 2 misdemeanor. Source: SDC 1939, §§5.0118, 5.0242 (1) as enacted by SL 1947, ch 22; SL 1949, ch 16; SDCL §§35-4-53, 35-8-11; SL 1971, ch 211, §27; SL 1985, ch 290; SL 1991, ch 298, §2; SL 1992, ch 158, §56; SL 2018, ch 213, §24; SL 2019, ch 162, §1.
SD Codified L § 35-2-6.8 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-6.8 - Manufacturers and wholesalers permitted to pour or serve at certain events.

35-2-6.8. Manufacturers and wholesalers permitted to pour or serve at certain events.Notwithstanding the provisions of §35-2-6.4 or 35-4-52, a licensed manufacturer or wholesaler may pour or serve alcoholic beverages at an event conducted by any civic, charitable, educational, fraternal, or veterans organization licensed pursuant to §35-4-124. Source: SL 2017, ch 165, §1, eff. Mar. 14, 2017; SL 2018, ch 217, §1.