reglab/housing_qa huggingface dataset:
SD Codified L § 34-18-17 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-17 - Temporary food service license--Fee--Food service in connection with special promotions--Duration of license.

34-18-17. Temporary food service license--Fee--Food service in connection with special promotions--Duration of license.Each owner of a temporary food service establishment shall secure a license before beginning the operation of the establishment after making proper application on a form provided by the department and accompanied by the proper license fee. The license fee for a temporary food service establishment shall be thirty-eight dollars. Any business which offers food at no cost or consideration not more than three times in any calendar year and no more than three consecutive days at any given time in conjunction with a grand opening, promotion, or special product showing is exempt from the licensing and license fee provisions of this chapter. Such exemption from the licensing and license fee provisions does not release the owner of the establishment from compliance with the public health requirements of this chapter and the rules promulgated pursuant to this chapter. If the secretary is satisfied that the temporary food service establishment is in compliance with this chapter and the rules promulgated pursuant to this chapter, the secretary shall issue a license for thirty days from the date of issuance. Source: SDC 1939, §27.1707 as enacted by SL 1941, ch 127, §2; SL 1955, ch 94, §3; SL 1963, ch 158, §9; SL 1972, ch 193; SL 2009, ch 165, §9.
SD Codified L § 34-18-18 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-18 - Fairs and nonprofit organizations exempt from temporary food service license fee--Health requirements applicable.

34-18-18. Fairs and nonprofit organizations exempt from temporary food service license fee--Health requirements applicable.Temporary food service establishments located on the state fairgrounds or on county fairgrounds of this state, operated in conjunction with these annual celebrations, and nonprofit organizations operating a temporary food service establishment shall be exempt from the license fee of this chapter. Such exemption from the license fee does not release the owner of such temporary food service establishment from compliance with the public health requirements of this chapter and the rules and regulations of the department. Source: SDC 1939, §27.1707 as enacted by SL 1941, ch 127, §2; SL 1955, ch 94, §3; SL 1963, ch 158, §10.
SD Codified L § 34-18-19 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-19 - Closure order for temporary food service establishment--Operation after closure notice as violation--Refund of license fee.

34-18-19. Closure order for temporary food service establishment--Operation after closure notice as violation--Refund of license fee.Should a temporary food service establishment licensed under §34-18-17 not be in compliance with the provisions of this chapter and the rules and regulations of the department and compliance is not considered feasible during the period of the celebration or public gathering where its operation is planned, it shall be the duty of the secretary of health, subject to the requirements of §1-26-29, to issue a closure order to the owner of such temporary food service establishment. Continued operation after notice of closure as rendered by the secretary shall be in direct violation of the licensing requirements of this chapter. Any license fees paid shall be refunded unless the temporary food service establishment has operated for more than one day. If the temporary food service establishment has operated for more than one day, the fee paid shall be forfeited by the owner of such temporary food service establishment. Source: SL 1963, ch 158, §9; SL 1972, ch 15, §4.
SD Codified L § 34-18-20 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-20 - Nonprofit organizations and alcoholic beverage licensees exempt--Health requirements applicable.

34-18-20. Nonprofit organizations and alcoholic beverage licensees exempt--Health requirements applicable.Nonprofit organizations shall be exempt from the licensing and license fee provisions of this chapter. Establishments serving alcoholic beverages as defined in chapter 35-1 and who do not otherwise come within the definition of a food service establishment, temporary food service establishment, or mobile food service establishment shall be exempt from the licensing and license fee provisions of this chapter. Such exemption from the licensing and license fee provisions does not release the owner of such establishments from compliance with the public health requirements of this chapter and the rules and regulations of the department. Source: SL 1963, ch 158, §12.
SD Codified L § 34-18-21 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-21 - Registration of guests at lodging establishment or campground--Contents and inspection of records.

34-18-21. Registration of guests at lodging establishment or campground--Contents and inspection of records.Each person conducting a lodging establishment or campground shall keep a record of guests. Such a record may be kept in a register or on separate cards and shall be opened for inspection and copying by the secretary of health for the purpose of protecting the health or life of persons or for an emergency which may affect the public health. The inspection and copying shall take place during business hours and shall be conducted by an authorized department inspector after presentation of identification. The registry shall contain the name of the guest, the number in the party, the place of permanent residence of the guest, the date of registration, the date of departure, the daily rate charged, and the motor vehicle license number of the registrant. The record shall also include each rate, price, or fee charged to the guest for the guest's stay at the lodging establishment or campground, as required by subdivision 37-24-6(8). These records shall be kept for a minimum of one year. Source: SDC 1939, §27.1709; SL 1963, ch 158, §15; SL 1970, ch 199, §10; SL 1994, ch 277, §1; SL 1998, ch 243, §2.
SD Codified L § 34-18-21.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-21.1 - Confidentiality of information obtained through inspection of records.

34-18-21.1. Confidentiality of information obtained through inspection of records.Information obtained by the department under the authority of §34-18-21 is confidential, except for official purposes of the department, and may not be disclosed except in accordance with a judicial order or as otherwise provided by law. Source: SL 1994, ch 277, §2.
SD Codified L § 34-18-21.2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-21.2 - Review of requests for inspection of records.

34-18-21.2. Review of requests for inspection of records.In the event that a court is asked to review a request by the secretary for inspection pursuant to §34-18-21, the court shall consider whether a health emergency exists and whether the request is consistent with the needs of the secretary to enforce the secretary's duties in this chapter. The court shall balance the business interests of the proprietor, the privacy interests of the guests and the enforcement interests of the secretary as it determines the extent to which the records shall be delivered to the secretary and determines the costs of such disclosures which shall be allocated to the secretary. Source: SL 1994, ch 277, §3.
SD Codified L § 34-18-22 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-22 - Health and safety requirements--Procedure for rules and regulations.

34-18-22. Health and safety requirements--Procedure for rules and regulations.The department shall adopt rules and regulations setting forth the minimum public health and safety requirements for lodging establishments, campgrounds, food service establishments, temporary food service establishments, or mobile food service establishments. The procedure for adopting such rules and regulations shall be in accordance with chapter 1-26. Source: SDC 1939, §27.1728 as enacted by SL 1955, ch 94, §5; SL 1963, ch 158, §17; SL 1970, ch 199, §11; SL 1972, ch 15, §4.
SD Codified L § 34-18-22.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-22.1 - Fire safety standards for specialty resort with less than ten occupants.

34-18-22.1. Fire safety standards for specialty resort with less than ten occupants.Any specialty resort establishment with less than ten occupants shall meet the following minimum fire safety standards:(1)Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge or effort, free from obstruction, and clearly marked with illuminated exit signs. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement;(2)There shall be a smoke detector in each sleeping room. The owner or manager shall test any battery operated smoke detector at least twice a year;(3)Any sleeping room shall be equipped with an operable egress window. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement; and(4)Portable fire extinguishers with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually. Source: SL 2005, ch 184, §1; SL 2008, ch 171, §1; SL 2011, ch 157, §1.
SD Codified L § 34-18-22.2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-22.2 - Fire safety standards for specialty resort with ten or more occupants.

34-18-22.2. Fire safety standards for specialty resort with ten or more occupants.Any specialty resort establishment with ten or more occupants shall meet the following minimum fire safety standards:(1)Each floor where occupants are sleeping shall have access to at least two remote exits;(2)Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge or effort, free from obstruction, and clearly marked with illuminated exit signs. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement;(3)There shall be a smoke detector in each sleeping room. The owner or manager shall test any battery operated smoke detector at least twice a year;(4)Any sleeping room shall be equipped with an operable egress window. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement; and(5)Portable fire extinguishers with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually. Source: SL 2005, ch 184, §2; SL 2008, ch 171, §2; SL 2011, ch 157, §2.
SD Codified L § 34-18-22.3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-22.3 - Fire safety standards for vacation home establishments.

34-18-22.3. Fire safety standards for vacation home establishments.Any vacation home establishment shall meet the following minimum fire safety standards:(1)Each floor where ten or more occupants are sleeping shall have access to at least two remote exits;(2)Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge or effort and free from obstruction. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement;(3)There shall be a smoke detector in each sleeping room. The owner or manager shall test any battery operated smoke detector at least twice a year;(4)Any sleeping room shall be equipped with an operable egress window. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement; and(5)A portable fire extinguisher with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually. Source: SL 2008, ch 172, §2; SL 2011, ch 157, §3.
SD Codified L § 34-18-23 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-23 - Notice to department of construction and alteration of establishments.

34-18-23. Notice to department of construction and alteration of establishments.The department shall be notified thirty days prior to initiating construction of new lodging establishments, campgrounds, food service establishments, mobile food service establishments, or permanent additions, alterations, or modification of existing structures. Owners of temporary food service establishments shall give notice to the department as may be prescribed by the department for any new construction, alteration, or modification of existing structures. Such notifications shall be made by the owner for the purpose of permitting a review of features having public health and safety significance. Source: SL 1963, ch 158, §16; SL 1970, ch 199, §12.
SD Codified L § 34-18-24 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-24 - Departmental inspections of lodging establishments and campgrounds.

34-18-24. Departmental inspections of lodging establishments and campgrounds.The secretary of health shall at least annually inspect or cause to be inspected every lodging establishment and campground licensed in this state for compliance with the provisions of this chapter and the rules promulgated thereunder. Source: SL 1907, ch 165, §10; SL 1909, ch 185, §10; SL 1913, ch 238, §7; SL 1915, ch 215, §7; RC 1919, §7827; SL 1921, ch 256, §5; SL 1935, ch 173, §4; SDC 1939, §27.1708; SL 1955, ch 94, §4; SL 1963, ch 158, §3; SL 1970, ch 199, §13; SL 1982, ch 261, §1; SL 1986, ch 281, §2.
SD Codified L § 34-18-25.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-25.1 - Inspection of lodging establishments, campgrounds, food service establishments, and mobile food services--Fee.

34-18-25.1. Inspection of lodging establishments, campgrounds, food service establishments, and mobile food services--Fee.The department shall, at least annually, make one inspection of each lodging establishment and campground and, at least twice annually, of each food service establishment or mobile food service licensed under this chapter to ascertain that the lodging establishment, campground, food service establishment, or mobile food service is in compliance with this chapter and the rules promulgated pursuant to this chapter. The department shall charge an inspection fee of twenty-five dollars for each inspection. The inspection shall take place during business hours and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter and the rules promulgated pursuant to this chapter. Source: SL 1986, ch 281, §6; SL 2009, ch 165, §10.
SD Codified L § 34-18-25.2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-25.2 - Refusal to allow inspection--Suspension or revocation proceedings.

34-18-25.2. Refusal to allow inspection--Suspension or revocation proceedings.If, prior to an inspection being started, the owner or operator of a lodging establishment, campground, food service establishment, or mobile food service establishment refuses to allow the inspection, no inspection shall be made. If, during the course of an inspection, the owner or operator refuses to allow the inspection to continue, the inspection shall cease. In either case, however, the department may immediately initiate proceedings in accordance with chapter 1-26 to suspend or revoke the owner's establishment or campground license. Source: SL 1986, ch 281, §7.
SD Codified L § 34-18-25.3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-25.3 - Inspection of exempt establishments and campgrounds--Scope.

34-18-25.3. Inspection of exempt establishments and campgrounds--Scope.Upon receipt of a complaint, the department may enter and inspect any lodging establishment, campground, food service establishment, mobile food service establishment, or temporary food service establishment which is exempt from the licensing or license fee provisions of this chapter pursuant to §§34-18-17, 34-18-18, and 34-18-20 to determine if there are violations of this chapter or any of the rules promulgated thereunder. Before entering an establishment, the department shall obtain the consent of the owner or obtain a court order authorizing entry for the purpose of inspection except in those instances when an emergency exists. As used in this section, the term, emergency, means any circumstance which the department has reason to believe exists, which may constitute a hazardous condition that may endanger human life or be seriously detrimental to public health. The inspection shall take place during reasonable times and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter and the rules promulgated thereunder. After an inspection is completed, the department may proceed in accordance with §34-18-19 or 34-18-26 to cause compliance with this chapter and the rules promulgated thereunder. Source: SL 1991, ch 275.
SD Codified L § 34-18-26 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-26 - Notice and correction of deficiencies--Closure order on failure to correct deficiency--Injunctive relief.

34-18-26. Notice and correction of deficiencies--Closure order on failure to correct deficiency--Injunctive relief.If, upon an inspection, it is determined that a lodging establishment, campground, food service establishment, or mobile food service establishment is not being conducted or is not equipped and maintained in a manner and condition required by the provisions of this chapter and the rules promulgated thereunder the secretary or an authorized department inspector shall notify the owner or operator of the lodging establishment, campground, food service establishment, or mobile food service establishment of such changes or alterations as are considered necessary for complete compliance. The owner shall make such changes and alterations necessary to put the lodging establishment, campground, food service establishment, or mobile food service establishment in a condition that complies with the provisions of this chapter and rules promulgated thereunder. If, after proper notice, the owner refuses or fails to comply within sixty days following notification, the secretary shall, subject to the requirements of chapter 1-26, issue a closure order to the owner of the establishment or campground until such requirements are complied with. If the establishment or campground continues operation after a closure order is issued, the secretary may refer the matter to the state's attorney for appropriate action or the attorney general's office for injunctive relief. Source: SL 1907, ch 165, §10; SL 1909, ch 185, §10; SL 1913, ch 238, §7; SL 1915, ch 215, §7; RC 1919, §7827; SL 1921, ch 256, §5; SL 1935, ch 173, §4; SDC 1939, §27.1708; SL 1955, ch 94, §4; SL 1963, ch 158, §5; SL 1970, ch 199, §14; SL 1972, ch 15, §4; SL 1986, ch 281, §4; SL 1988, ch 279, §5.
SD Codified L § 34-18-26.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-26.1 - Follow-up inspection--Fee.

34-18-26.1. Follow-up inspection--Fee.The department shall conduct a follow-up inspection of a lodging establishment, campground, food service establishment, or mobile food service to ascertain compliance with a sixty-day notice issued pursuant to §34-18-26. When the department conducts an inspection pursuant to this section, the owner shall promptly remit, but not later than thirty days after the follow-up inspection, a fifty dollar inspection fee to the department.The inspection fee provisions of §§34-18-26.1 and 34-18-27.1 do not apply to nonprofit organizations. Source: SL 1991, ch 276, §§1, 3.
SD Codified L § 34-18-26.2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds|Section 34-18-26.2 - Expedited follow-up inspection process.

34-18-26.2. Expedited follow-up inspection process.The department shall implement an expedited inspection process whereby the owner of a food service establishment, lodging establishment, or campground may request a follow-up inspection to the establishment's most recent routine inspection. If an establishment has received an inspection score of eighty or higher, but less than ninety, on the most recent routine inspection, the establishment may request a follow-up inspection through the expedited inspection process. A request for a follow-up inspection as part of the expedited inspection process shall be received by the department within ten business days of the most recent routine inspection. The department shall conduct the follow-up inspection within sixty days of receipt of the request, unless the establishment requesting the follow-up inspection ceases or temporarily suspends operations prior to the follow-up inspection. No establishment may receive more than one follow-up inspection every two years, as part of the expedited inspection process. The department shall charge a fee of one hundred dollars for each follow-up inspection performed as part of the expedited inspection process. Source: SL 2013, ch 155, §1.