reglab/housing_qa huggingface dataset:
SD Codified L § 35-2-6.9 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-6.9 - Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers.

35-2-6.9. Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers.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.
SD Codified L § 35-2-6.10 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-6.10 - Manufacturers and wholesalers permitted to donate beverages to certain licensees .

35-2-6.10. Manufacturers and wholesalers permitted to donate beverages to certain licensees .Notwithstanding the provisions of §35-2-6.4 or 35-4-52, a manufacturer or wholesaler may donate alcoholic beverages to any civic, charitable, educational, fraternal, or veterans organization licensed pursuant to §35-4-124. Source: SL 2018, ch 217, §2.
SD Codified L § 35-2-7 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-7 - Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee.

35-2-7. Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee.Any license granted under this title may be transferred to a new location or to another person. If the transfer is to another person, the licensee shall show in writing, under oath, that the licensee has made a bulk sale of the business operated under the license. The bulk sale may be conditioned upon the granting of a transfer of the license. The transferee shall make an application exactly as an original applicant, and the application shall be acted upon in the same manner as an original application. No transfer of any license to another person may be granted until all taxes incurred by the transferor 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 transfer of any license to another person may be granted until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No transfer of any license may be granted from an Indian tribe operating in Indian country controlled by the Indian tribe or from an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until all use tax incurred as a result of the operation of the licensed premises by nonmembers, and any other state tax, has been remitted or is not delinquent. If the transfer is to a new location, the licensee shall make application showing all the relevant facts for the new location. The application shall be acted upon in the same manner as an original application. If a license is transferred, a fee of one hundred fifty dollars is required to continue the unexpired portion of the license. Source: SDC 1939, §5.0110; SL 1939, ch 11; SL 1980, ch 251, §2; SL 1982, ch 269; SL 1990, ch 293, §1; SL 2006, ch 191, §1; SL 2018, ch 213, §27; SL 2019, ch 216, §35.
SD Codified L § 35-2-8 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-8 - Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued.

35-2-8. Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued.If an individual licensee under this title dies, the personal representative of the deceased licensee may succeed to all of the rights of the deceased licensee under the license. By operating under the license, the personal representative agrees to all of the terms and conditions of the license and is subject to all of the liabilities and responsibilities of the licensee. Any bond executed under this title includes the personal representative as a principal if the license passes to the personal representative. Source: SDC 1939, §5.0116; SL 1971, ch 211, §17; SL 2008, ch 37, §146; SL 2018, ch 213, §28.
SD Codified L § 35-2-9 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-9 - Sale of stock in trade on termination of license.

35-2-9. Sale of stock in trade on termination of license.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.
SD Codified L § 35-2-10 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-10 - Violation as ground for revocation or suspension of license--Multiple licenses.

35-2-10. Violation as ground for revocation or suspension of license--Multiple licenses.The secretary, in compliance with chapter 1-26, may revoke or suspend any license issued under this title upon proof of violation by the licensee, by the licensee's agents or employees, or by the manager or contractual operators of retail establishments and their agents or employees operating under a county or municipal license, of any of the following:(1)Any provision of this title;(2)Any rule promulgated pursuant to this title; or(3)Any ordinance or regulation relevant to alcoholic beverage control adopted by the political subdivision issuing the license.For any licensee with multiple alcoholic beverage licenses for the same premises, upon suspension or revocation of any license pursuant to this title, the licensee shall cease operation under all alcoholic beverage licenses held by the licensee for the same premises for the same period as the suspension or revocation. Source: SDC 1939, §5.0104; SL 1971, ch 211, §18; revised pursuant to SL 1972, ch 15, §4; SL 1993, ch 264; SL 2008, ch 37, §148; SL 2010, ch 180, §14; SL 2015, ch 196, §25, eff. Jan. 1, 2016; SL 2018, ch 213, §30.
SD Codified L § 35-2-10.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-10.1 - Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty.

35-2-10.1. Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty.No retail license may be revoked or suspended because of a violation of any statute, ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person under the age of twenty-one years if the violation was committed by an employee or agent of the licensee and the licensee has not had more than two violations of any statute, ordinance, rule, or regulation prohibiting the sale or service of an alcoholic beverage to a person under the age of twenty-one years on the premises where the violation occurred in the previous twenty-four months.If the licensee meets the requirements of the conditions of this section, the secretary shall impose a civil penalty of five hundred dollars for a first violation and one thousand dollars for a second violation. However, if the employee or agent has not been certified by a nationally recognized training program approved by the department that provides instruction on techniques to prevent persons under the age of twenty-one years from purchasing or consuming alcoholic beverages, the secretary shall impose a civil penalty of one thousand dollars for a first violation and two thousand dollars for a second violation.A licensee may request an administrative hearing pursuant to chapter 1-26 to contest the imposition of a civil penalty. Source: SL 2000, ch 177, §1; SL 2003, ch 189, §1; SL 2005, ch 198, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2018, ch 213, §31.
SD Codified L § 35-2-10.2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-10.2 - Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction.

35-2-10.2. Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction.The department shall maintain on its public internet website, a directory listing all nationally recognized training programs that are approved by the department. Any licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has the burden of proof to show that the licensee's employees have attended an approved alcohol training program to be eligible for any reduction in the penalty imposed for the violation. Source: SL 2005, ch 197, §1; SL 2018, ch 213, §32.
SD Codified L § 35-2-10.3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-10.3 - Compliance checks of prohibited alcohol sales to persons under age twenty-one.

35-2-10.3. Compliance checks of prohibited alcohol sales to persons under age twenty-one.Any enforcement entity that conducts compliance checks using underaged informants to determine if a licensee will sell an alcoholic beverage to a person under the age of twenty-one shall inform the licensee in writing of the results of any compliance check within forty-eight hours after the compliance check takes place. No licensed premises may be subject to more than one compliance check within a forty-eight hour period. Source: SL 2005, ch 198, §1; SL 2018, ch 213, §33.
SD Codified L § 35-2-11.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-11.1 - Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary.

35-2-11.1. Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary.The governing body of a municipality or county may recommend to the secretary following a hearing that any license issued under this title be suspended or revoked for violation of any of the provisions of this title or for violations of any ordinance or regulation of the governing body relevant to alcoholic beverage control that occurs on the premises of the licensee. Upon receipt of the recommendation, the secretary shall proceed as provided in §§35-2-10 and 35-2-21. Source: SL 1977, ch 287, §1; SL 2010, ch 180, §15; SL 2018, ch 213, §34.
SD Codified L § 35-2-11.2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-11.2 - Notice of hearing prior to local governing body's recommendation of suspension or revocation.

35-2-11.2. Notice of hearing prior to local governing body's recommendation of suspension or revocation.Any action taken by the governing body of a municipality or county pursuant to §35-2-11.1 shall be preceded by notification to the licensee, at the address given on the license, at least thirty days in advance of the date set for public hearing. Notice of public hearing shall be published in the official newspaper of the municipality or county at least one week before the hearing in a form approved by the governing body. Source: SL 1977, ch 287, §2; SL 1992, ch 60, §2; SL 2018, ch 213, §35.
SD Codified L § 35-2-12 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-12 - Investigation--Revocation or suspension proceedings.

35-2-12. Investigation--Revocation or suspension proceedings. If the secretary receives information of a violation by any licensee of any provision of this title, the secretary shall investigate the alleged violation. If there is substantial evidence to support that a violation of any provision of this title has occurred, the secretary shall proceed in accordance with the provisions of §§35-2-10, 35-2-10.1, and 35-2-21. Source: SDC 1939, §5.0104; SL 1971, ch 211, §19; SL 2008, ch 37, §149; SL 2018, ch 213, §36; SL 2021, ch 49, § 15.
SD Codified L § 35-2-13 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-13 - Right to hearing on action on application or license.

35-2-13. Right to hearing on action on application or license.An applicant or licensee under this title or any interested person or governing body has a right to a hearing in relation to any action taken upon the application or license. The hearing shall be held in the county where the license has been applied for or issued under the provisions of chapter 1-26. However, if the parties agree, a hearing to determine whether the secretary may suspend or revoke a license may be held at a location other than the county where the license has been applied for or issued.  Source: SDC 1939, §5.0104; SDCL §35-2-18; SDCL §35-2-13 as enacted by SL 1971, ch 211, §20; SL 2001, ch 193, §1; SL 2010, ch 180, §16; SL 2018, ch 213, §37.
SD Codified L § 35-2-19 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-19 - Termination of rights after revocation of license.

35-2-19. Termination of rights after revocation of license.Upon service of notice of a decision or order for revocation of the license on the licensee, all of the licensee's rights under the license terminate, except in the event of a stay on appeal. Source: SDC 1939, §5.0104; SL 1971, ch 211, §21; SL 2008, ch 37, §150; SL 2018, ch 213, §38.
SD Codified L § 35-2-20 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-20 - Waiting period for new license after revocation--Application by relatives or employees.

35-2-20. Waiting period for new license after revocation--Application by relatives or employees.No licensee under this title, whose license is revoked, may be granted any license under this title for one year after the revocation. If any relative of any such former licensee or any of the former licensee's employees or former employees, applies for any such license before the one-year period has elapsed, the license may be granted only upon affirmative and satisfactory proof that the former licensee has no interest in the business. Source: SDC 1939, §5.0119; SL 1971, ch 211, §22; SL 2008, ch 37, §151; SL 2010, ch 180, §17.
SD Codified L § 35-2-21 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-21 - Suspension in lieu of revocation of license--Maximum period--Compromise settlement.

35-2-21. Suspension in lieu of revocation of license--Maximum period--Compromise settlement.If a violation is established in any proceeding under this title, but the secretary determines due to the nature and the circumstances of the violation, a suspension of the license is adequate, the secretary may, instead of revoking the license, suspend the license for a period not exceeding sixty days. During the period of the suspension, the licensee may not exercise any rights or privileges under the license. The secretary may, in lieu of suspending or revoking the license, accept a monetary settlement of any proceeding under this title. The amount of the settlement may not exceed seventy-five thousand dollars. The secretary may also recover the actual costs of investigation and prosecution. Source: SDC 1939, §5.0104; SL 1971, ch 211, §23; SL 1991, ch 296; SL 2008, ch 37, §152; SL 2010, ch 180, §18; SL 2015, ch 196, §24, eff. Jan. 1, 2016; SL 2018, ch 213, §39.
SD Codified L § 35-2-24 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-24 - Requirements for reissuance of license.

35-2-24. Requirements for reissuance of license.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.
SD Codified L § 35-2-25 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-25 - Sales or use tax licenses.

35-2-25. Sales or use tax licenses.No license granted pursuant to this title may be issued unless the applicant has first obtained a sales tax license pursuant to chapter 10-45, if applicable, or a use tax license pursuant to chapter 10-46, if applicable. Source: SL 1994, ch 284; SL 2006, ch 191, §3, eff. Jan. 1, 2007; SL 2010, ch 180, §19; SL 2011, ch 172, §2; SL 2018, ch 213, §40.
SD Codified L § 35-2-26 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 02 - Licensing Policies And Procedures|Section 35-2-26 - Licensees or employees charged with certain felonies may be prohibited from licensed premises.

35-2-26. Licensees or employees charged with certain felonies may be prohibited from licensed premises.Any licensee or employee of a licensee who is charged with a felony offense involving a minor, a crime of violence pursuant to subdivision 22-1-2(9), or a felony drug-related offense on the licensed premises may, as a condition of bond, be prohibited from entering onto the licensed premises. Source: SL 2012, ch 191, §1.
SD Codified L § 35-3-1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-1 - Police power of municipality--Territorial jurisdiction.

35-3-1. Police power of municipality--Territorial jurisdiction.Any incorporated municipality may provide by ordinance for police supervision and enforcement of the provisions of this title as to any licensee who operates within one mile of the territorial limits of the municipality. Source: SDC 1939, §5.0108 (4); SL 2008, ch 37, §153.
SD Codified L § 35-3-6 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-6 - Municipalities and townships to which local option provisions apply.

35-3-6. Municipalities and townships to which local option provisions apply.The term, municipality, as used in §§35-3-7 to 35-3-27, inclusive, includes any incorporated municipality and any organized township in which an unincorporated town is situated. Source: SDC 1939, §5.0231; SL 1972, ch 199; SL 2008, ch 37, §154.
SD Codified L § 35-3-7 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-7 - Questions subject to local option--On-sale licensing--Municipality procuring license.

35-3-7. Questions subject to local option--On-sale licensing--Municipality procuring license.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.
SD Codified L § 35-3-8 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-8 - Petition for election on local option--Number of signers required--Filing.

35-3-8. Petition for election on local option--Number of legal voters required--Filing.Fifteen percent of the legal voters residing in a municipality may petition for a special election to determine any question subject to local option pursuant to §35-3-7. If a municipality has a mayor, the number of legal voters is the total number voting in the last preceding election of a mayor, and in other municipalities the number of legal voters is the total number voting in the last preceding regular municipal or township election. The petition shall set forth the question the petitioners submitted, and shall be filed with the city finance officer or township clerk. Source: SDC 1939, §5.0233; SL 2018, ch 213, §41.
SD Codified L § 35-3-9 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-9 - Election laws applicable to local option elections.

35-3-9. Election laws applicable to local option elections.Except as otherwise expressly provided in this chapter, the form of a petition under §35-3-8, the manner of calling the election, the provision of notice of the election, the conduct of the election, and the canvass and return of votes shall be as set forth by the provisions of this code relative to elections in incorporated municipalities for referred or initiated ordinances. However, for such elections in organized townships, the election shall be called, notice of the election given, and the election held as set forth in the provisions of this code relative to special township meetings. Source: SDC 1939, §5.0233; SL 2008, ch 37, §156.
SD Codified L § 35-3-10 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-10 - Form of question on permitting on-sale licenses.

35-3-10. Form of question on permitting on-sale licenses.The form of submitting the question of whether alcoholic beverages, except malt beverages, are to be sold within the municipality by on-sale dealers, to be voted upon at a special election pursuant to §§35-3-8 and 35-3-9, shall be "Shall on-sale licenses be permitted within this municipality?" Source: SDC 1939, §5.0234 (1); SL 1971, ch 211, §31; SL 1987, ch 261, §5.