reglab/housing_qa huggingface dataset:
SD Codified L § 35-3-11 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-11 - On-sale licenses permitted when approved by voters--Termination of licenses when disapproved.

35-3-11. On-sale licenses permitted when approved by voters--Termination of licenses when disapproved.If, at the election on the question specified in §35-3-10, the majority vote is in the affirmative, on-sale licenses to operate in the municipality may be granted. If the majority vote on the question is in the negative, all on-sale licenses are terminated thirty days after the canvass of the vote. Nothing in this section precludes the question required by §35-3-10 from being resubmitted in any subsequent election after the waiting period required by §35-3-26. Source: SDC 1939, §5.0236; SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 2008, ch 37, §157; SL 2018, ch 213, §42.
SD Codified L § 35-3-12 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-12 - Form of questions on procurement of license by municipality.

35-3-12. Form of questions on procurement of license by municipality.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.
SD Codified L § 35-3-13 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-13 - Procurement of license by municipality when approved by voters--Termination of other licenses.

35-3-13. Procurement of license by municipality when approved by voters--Termination of other licenses.If the majority vote is in the affirmative on the election question provided in subdivisions 35-3-12(1) and (2), the governing body of the municipality shall make application for the license or licenses. The application or applications shall be filed with the secretary, and the secretary shall issue the license or licenses. Any similar license in the municipality shall terminate thirty days after the canvass of the vote. Source: SDC 1939, §5.0236; SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 1971, ch 211, §33; SL 2003, ch 188, §2; SL 2018, ch 213, §43.
SD Codified L § 35-3-15 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-15 - Acquisition of stock and equipment from licensee forced out of business by acquisition of municipal license.

35-3-15. Acquisition of stock and equipment from licensee forced out of business by acquisition of municipal license.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.
SD Codified L § 35-3-16 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-16 - Arbitration of price paid to licensee forced out of business--Maximum price and inventory.

35-3-16. Arbitration of price paid to licensee forced out of business--Maximum price and inventory.If the parties referred to in §35-3-15 agree to arbitration, the board of arbitration shall consist of one arbitrator to be selected by the municipality, one selected by the former licensee, and a third selected by both of the selected arbitrators. The determination of any arbitrators shall govern. However, no municipality as defined in §35-3-6 is bound to purchase any fixtures, equipment, or stock acquired by any former licensee after the filing of the petition submitting the question specified in §35-3-12. The determination as to value of the fixtures, equipment, and stock is binding on the parties. However, the value may not exceed the invoice price plus any federal tax paid thereon subsequent to its acquisition, and the aggregate of the stock may not exceed the level of the average inventory of such stock carried by the dealer for the two years immediately preceding the holding of the election providing for the municipal sale of alcoholic beverages under chapter 35-4. Source: SDC 1939, §5.0236 as added by SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 2008, ch 37, §158.
SD Codified L § 35-3-18 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-18 - Municipal establishment supervised by governing body--Establishment of prices.

35-3-18. Municipal establishment supervised by governing body--Establishment of prices.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.
SD Codified L § 35-3-19 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-19 - Receipts from municipal establishment deposited with finance officer--Disbursement of funds.

35-3-19. Receipts from municipal establishment deposited with finance officer--Disbursement of funds.The gross receipts derived from the operation of any municipal liquor establishment licensed and operated pursuant to chapter 35-4 shall be remitted as promptly as circumstances permit to the custody of the municipal finance officer, and such funds shall be disbursed by said finance officer upon warrants of the municipality pursuant to presentation of verified vouchers as provided by law for other municipal expenditures. Source: SL 1959, ch 14; SDC Supp 1960, §45.1439; SL 1987, ch 261, §7.
SD Codified L § 35-3-20 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-20 - Purchase invoices for municipal supplies filed with auditor or finance officer--Contents.

35-3-20. Purchase invoices for municipal supplies filed with auditor or finance officer--Contents.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.
SD Codified L § 35-3-21 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-21 - Accounting for municipal transactions.

35-3-21. Accounting for municipal transactions.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.
SD Codified L § 35-3-23 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-23 - Form of question on renewal of license for municipal business.

35-3-23. Form of question on renewal of license for municipal business.The form of submitting the question of whether a license or licenses to the municipality shall be renewed, to be voted upon at a special election pursuant to §§35-3-8 and 35-3-9, shall be:(1)"Shall the present off-sale license for the sale of alcoholic beverages, except malt beverages, held by ________ (naming municipality or organized township) be renewed?"(2)"Shall the present on-sale license for the sale of alcoholic beverages, except malt beverages, held by ________ (naming municipality or organized township) be renewed?" Source: SDC 1939, §5.0234 (3); SL 1959, ch 10, §2; SL 1971, ch 211, §37; SL 1987, ch 261, §9.
SD Codified L § 35-3-24 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-24 - Governing body may not apply for renewal if disapproved at election.

35-3-24. Governing body may not apply for renewal if disapproved at election.If, at a special election on the questions specified in subdivision 35-3-23(1) or (2), the majority vote is in the negative on either question, the governing body of the municipality may not apply for the renewal of the off-sale license or licenses. Source: SDC 1939, §5.0236; SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 1971, ch 211, §38; SL 2008, ch 37, §162; SL 2018, ch 213, §44.
SD Codified L § 35-3-25 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-25 - Liquidation of municipal business on disapproval by voters.

35-3-25. Liquidation of municipal business on disapproval by voters.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.
SD Codified L § 35-3-26 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-26 - Waiting period between local option elections.

35-3-26. Waiting period between local option elections.If any question specified in this chapter has been submitted to the voters of a municipality, the same question may not be submitted within one year. Source: SDC 1939, §5.0235; SL 2008, ch 37, §164; SL 2018, ch 213, §45.
SD Codified L § 35-3-27 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-27 - Refund of license fee on termination of license by local option election.

35-3-27. Refund of license fee on termination of license by local option election.If an existing license is terminated as the result of a special election, a pro rata portion of the license fee shall be refunded to the licensee according to the portion of the license period that has not elapsed upon the termination. The refund shall be made by the state and the municipality pro rata according to the portions of the fee retained respectively by the state and the municipality. Source: SDC 1939, §5.0236; SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 2008, ch 37, §165.
SD Codified L § 35-3-28 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 03 - Local Option And Municipal Powers|Section 35-3-28 - Credit purchases may be prohibited by lessee of license.

35-3-28. Credit purchases may be prohibited by lessee of license.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.
SD Codified L § 35-4-1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-1 - Beverages to which chapter applies.

35-4-1. Beverages to which chapter applies.The provisions of this chapter, unless the context otherwise clearly requires, shall be construed to relate to all alcoholic beverages. Source: SDC 1939, §5.0201; SL 1971, ch 211, §39; SL 1987, ch 261, §15.
SD Codified L § 35-4-2.4 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-2.4 - Eligibility of municipality for wine, cider, or malt beverage license.

35-4-2.4. Eligibility of municipality for wine, cider, or malt beverage license.Any municipality that holds an off-sale license under subdivision 35-4-2(5) is eligible for a license under either subdivision 35-4-2(12) or (16), or both. Any municipality that holds an on-sale license under chapter 35-4 is eligible for a license under either subdivision 35-4-2(12) or (16), or both. Source: SL 1987, ch 261, §39; SL 2010, ch 180, §21; SL 2018, ch 213, §48.
SD Codified L § 35-4-2.8 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-2.8 - Possession of more than one license--Exercise of privileges.

35-4-2.8. Possession of more than one license--Exercise of privileges.Any retail licensee licensed under this chapter may also hold other retail license types issued pursuant to this chapter at the same licensed premises. A licensee holding two or more licenses pursuant to this section may exercise the privileges granted under each license. Source: SL 1988, ch 292, §1; SL 2008, ch 182, §3; SL 2010, ch 183, §7; SL 2018, ch 213, §51.
SD Codified L § 35-4-2.11 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-2.11 - Distribution of license and transfer fees and penalties.

35-4-2.11. Distribution of license and transfer fees and penalties.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.
SD Codified L § 35-4-2.12 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-2.12 - Regulation of alcoholic beverages aboard conveyances.

35-4-2.12. Regulation of alcoholic beverages aboard conveyances.Any municipality may regulate the furnishing or consumption of alcoholic beverages aboard conveyances licensed pursuant to subdivisions 35-4-2(9). Source: SL 2014, ch 175, §2.
SD Codified L § 35-4-5.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-5.1 - Manufacturers and retailers may not be granted wholesale license.

35-4-5.1. Manufacturers and retailers may not be granted wholesale license.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.
SD Codified L § 35-4-10 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-10 - Number of off-sale licenses restricted by population.

35-4-10. Number of off-sale licenses restricted by population.No more than two off-sale licenses issued pursuant to subdivisions 35-4-2(3) and (5) may be issued under this chapter to operate in a municipality of one thousand or less and not exceeding one license for every additional fifteen hundred of population or fraction thereof. The number of off-sale licenses may not be less than the total number of licenses allowable as of July 1, 1981, and that have never been revoked or not reissued. Source: SDC 1939, §5.0204 (5); SL 1959, ch 6; SL 1971, ch 211, §46; SL 1982, ch 271, §3; SL 1987, ch 261, §18; SL 1993, ch 266; SL 2010, ch 180, §26; SL 2018, ch 213, §56.
SD Codified L § 35-4-10.2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-10.2 - Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor.

35-4-10.2. Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor. A licensee holding a license pursuant to subdivision 35-4-2(3) or (5) may provide samples of malt beverages, wine, cider, distilled spirits, liqueurs, and cordials to the general public without obtaining an additional license. The licensee may only offer as samples the malt beverages, wine, cider, distilled spirits, liqueurs, and cordials that the licensee currently has in stock and is offering for sale to the general public. The malt beverage, wine, cider, distilled spirits, liqueur, and cordial samples shall be dispensed at no charge and shall be consumed on the licensed premises during the permitted hours of off-sale. No sample of malt beverage or cider may be larger than three fluid ounces. No sample of wine may be larger than fifty milliliters and no sample of distilled spirits, liqueur, or cordial may be larger than twenty-five milliliters. A violation of this section is a Class 1 misdemeanor. Source: SL 1989, ch 317; SL 1998, ch 220, §1; SL 2009, ch 176, §1; SL 2017, ch 167, §1; SL 2021, ch 165, § 2.
SD Codified L § 35-4-10.3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-10.3 - Manufacturers and wholesalers permitted to provide samples on licensed retailer premises.

35-4-10.3. Manufacturers and wholesalers permitted to provide samples on licensed retailer premises.A manufacturer or wholesaler, or an agent acting on behalf of either, may provide samples of malt beverages, wine, distilled spirits, liqueurs, and cordials to the general public. The samples shall be provided on the premises of a retailer licensed to sell the malt beverages, wine, distilled spirits, liqueurs, or cordials being offered and are subject to the limitations established pursuant to §35-4-10.2. Source: SL 2017, ch 167, §2; SL 2018, ch 213, §57.
SD Codified L § 35-4-11 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-11 - Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses.

35-4-11. Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses.If not fixed by ordinance, the governing body of any municipality may, before the second of September in each year, by resolution, determine the number of on-sale and off-sale licenses that the body will approve for the ensuing calendar year, and the fees to be charged for the various classifications of licenses. The number of on-sale licenses issued pursuant to subdivision 35-4-2(4) may not exceed three each for the first one thousand of population or fraction thereof and may not exceed one each for each additional one thousand five hundred of population or fraction thereof. The number of licenses allowable may not be less than the total number of licenses allowable or issued as of July 1, 1981, and that have never been revoked or not reissued. The municipal governing body shall also establish the fee for on-sale licenses pursuant to subdivisions 35-4-2(4) and (13). The fee applies to all such on-sale licenses issued in the ensuing calendar year.For the purposes of this section, population is equal to ninety percent of the population estimates published by the United States Census Bureau for each even-numbered year, except for the decennial year. For a decennial year, population is equal to the amount determined by the decennial federal census. No license issued pursuant to this section which exceeds the number of licenses that would have been issued upon the decennial federal census may be denied solely by reason that the license exceeds the number of licenses authorized by the decennial federal census. Source: SDC 1939, §§5.0203, 5.0204 (4); SL 1945, ch 20, §1; SL 1947, ch 19; SL 1959, ch 5; SL 1961, ch 13; SL 1963, ch 10; SL 1964, ch 8; SDCL §35-4-8; SL 1971, ch 211, §46; SL 1973, ch 237, §1; SL 1982, ch 271, §1; SL 1985, ch 291, §2; SL 1987, ch 261, §19; SL 2003, ch 193, §1; SL 2010, ch 180, §27; SL 2018, ch 213, §58.
SD Codified L § 35-4-11.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 04 - Sale Of Beverages|Section 35-4-11.1 - Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.

35-4-11.1. Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance. If not previously fixed by ordinance or continuing resolution, the board of county commissioners shall, before the second of September in each year, determine the number of on-sale and off-sale licenses it will approve for the ensuing calendar year and the fees to be charged for the various classifications of licenses. The number of licenses issued pursuant to subdivision 35-4-2(6) 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. The number of licenses issued pursuant to subdivision 35-4-2(3) may not exceed two for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof. No county off-sale license may be issued for a retailer located within three miles of the exterior boundary of an incorporated municipality. The population includes only those residing within the county, but outside the incorporated municipalities and improvement districts, created pursuant to chapter 7-25A, within the county. No licensee regularly licensed to do business on July 1, 1981, may be denied reissuance of a license in subsequent years solely by reason of any limitations, based upon population quotas, of the number of licenses authorized or established under the provisions of this title. Licenses issued to concessionaires, and lessees of the State of South Dakota, within the boundaries of state parks, prior to January 1, 1983, may be subtracted when calculating the total number of licenses permitted in this section. Source: SL 1971, ch 211, §47; SL 1982, ch 271, §2; SL 1983, ch 264; SL 1987, ch 261, §20; SL 1987, ch 262; SL 2000, ch 180, §2; SL 2001, ch 194, §3; SL 2010, ch 180, §28; SL 2018, ch 213, §59; SL 2021, ch 166, § 2.