reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 17 - Uniform Environmental Covenants Act › Section 34A-17-9 - Duration--Amendment by court action.

34A-17-9. Duration--Amendment by court action.
(a) An environmental covenant is perpetual unless it is:
(1)By its terms limited to a specific duration or terminated by the occurrence of a specific event;
(2)Terminated by consent pursuant to §34A-17-10;
(3)Terminated pursuant to subsection (b);
(4)Terminated by foreclosure of an interest that has priority over the environmental covenant; or
(5)Terminated or modified in an eminent domain proceeding, but only if:
(A)The agency that signed the covenant is a party to the proceeding;
(B)All persons identified in §34A-17-10(a) and (b) are given notice of the pendency of the proceeding; and
(C)The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
(b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in §34A-17-10(a) and (b) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to chapter 1-26.
(c) Except as otherwise provided in subsections (a) and (b), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
(d) An environmental covenant may not be extinguished, limited, or impaired by application of chapter 43-30 or 43-30A.
Source:
SL 2005, ch 196, §9.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 17 - Uniform Environmental Covenants Act › Section 34A-17-10 - Amendment or termination by consent.

34A-17-10. Amendment or termination by consent.
(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(1)The agency;
(2)The current owner of the fee simple of the real property subject to the covenant;
(3)Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(4)Except as otherwise provided in subsection (d)(2), the holder.
(b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(d) Except as otherwise provided in an environmental covenant:
(1)A holder may not assign its interest without consent of the other parties;
(2)A holder may be removed and replaced by agreement of the other parties specified in subsection (a); and
(3)A court of competent jurisdiction may fill a vacancy in the position of holder.
Source:
SL 2005, ch 196, §10.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 17 - Uniform Environmental Covenants Act › Section 34A-17-11 - Enforcement of covenant--Injunction or other equitable relief.

34A-17-11. Enforcement of covenant--Injunction or other equitable relief.
(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1)A party to the covenant;
(2)The agency;
(3)Any person to whom the covenant expressly grants power to enforce;
(4)A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(5)A municipality or other unit of local government in which the real property subject to the covenant is located.
(b) This chapter does not limit the regulatory authority of the agency under law other than this chapter with respect to an environmental response project.
(c) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
Source:
SL 2005, ch 196, §11.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 17 - Uniform Environmental Covenants Act › Section 34A-17-12 - Registry--Substitute notice.

34A-17-12. Registry--Substitute notice.
(a) The secretary of state shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the secretary of state considers appropriate. The registry is a public record.
(b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established pursuant to subsection (a), a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:
(1)A legally sufficient description and any available street address of the real property subject to the covenant;
(2)The name and address of the owner of the fee simple interest in the real property, the agency, and the holder if other than the agency;
(3)A statement that the covenant, amendment, or termination is available in a registry at the Office of the Secretary of State which discloses the method of any electronic access; and
(4)A statement that the notice is notification of an environmental covenant executed pursuant to this chapter.
(c) A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection (b):
"1. This notice is filed in the land records of the county of [insert name of jurisdiction in which the real property is located] pursuant to §34A-17-12.
2. This notice and the covenant, amendment, or termination to which it refers may impose significant obligations with respect to the property described below.
3. A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is [insert address of property] [not available].
4. The name and address of the owner of the fee simple interest in the real property on the date of this notice is [insert name of current owner of the property and the owner's current address as shown on the tax records of the jurisdiction in which the property is located].
5. The environmental covenant, amendment, or termination was signed by [insert name and address of the agency].
6. The environmental covenant, amendment, or termination was filed in the registry on [insert date of filing].
7. The full text of the covenant, amendment, or termination and any other information required by the agency is on file and available for inspection and copying in the registry maintained for that purpose by the Office of the Secretary of State in the State Capitol. The covenant, amendment, or termination may be found electronically at www.sdsos.gov."
Source:
SL 2005, ch 196, §12.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 17 - Uniform Environmental Covenants Act › Section 34A-17-13 - Uniformity of application and construction.

34A-17-13. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source:
SL 2005, ch 196, §13.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 17 - Uniform Environmental Covenants Act › Section 34A-17-14 - Relation to Electronic Signatures in Global and National Commerce Act.

34A-17-14.Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.) but does not modify, limit, or supersede Section 101 of that Act (15 U. S.C. 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of that Act (15 U.S. C. 7003(b)).
Source:
SL 2005, ch 196, §14.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 18 - Oil Pipelines › Section 34A-18-1 - Definition of terms.

34A-18-1. Definition of terms.
Terms used in this chapter mean:
(1)"Crude oil," any unrefined liquid petroleum;
(2)"Crude oil pipeline operator," any person that is transporting crude oil via a pipeline;
(3)"Department," the South Dakota Department of Agriculture and Natural Resources.
Source: SL 2008, ch 180, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 18 - Oil Pipelines › Section 34A-18-2 - Oil spill response plan required.

34A-18-2. Oil spill response plan required.
Each crude oil pipeline operator which is issued a permit from the South Dakota Public Utilities Commission under the Energy Conversion and Transmission Facilities Act shall prepare an oil spill response plan. An oil spill response plan must plan for resources for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge. Each response plan must include, but not be limited to:
(1)Immediate notification procedures;
(2)Spill detection and mitigation procedures;
(3)The name, address, and telephone number of the oil spill response organization, if appropriate;
(4)Response activities and response resources;
(5)Names and telephone numbers of federal, state, and local agencies which the operator expects to have pollution control responsibilities or support;
(6)Training procedures;
(7)Equipment testing;
(8)Drill types, schedules, and procedures; and
(9)Plan review and update procedures.
No oil spill response plan is effective until it is approved by the department.
Source:
SL 2008, ch 180, §2.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 18 - Oil Pipelines › Section 34A-18-3 - Updating of oil spill response plan.

34A-18-3. Updating of oil spill response plan.
Each crude oil pipeline operator shall update its response plan to address new or different operating conditions or information. Each operator shall review its response plan in full at least every five years from the date of the last submission.
Source:
SL 2008, ch 180, §3.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 18 - Oil Pipelines › Section 34A-18-5 - Time for submission of oil spill response plan.

34A-18-5. Time for submission of oil spill response plan.
Each crude oil pipeline operator shall submit its initial oil spill response plan to the department prior to putting a pipeline in operation.
Source:
SL 2008, ch 180, §5.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 18 - Oil Pipelines › Section 34A-18-6 - Review of oil spill response plan.

34A-18-6. Review of oil spill response plan.
Each crude oil pipeline operator shall review its oil spill response plan at least every five years from the date of the last submission to the department.
Source:
SL 2008, ch 180, §6.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 18 - Oil Pipelines › Section 34A-18-7 - Modifications to oil spill response plan to be submitted.

34A-18-7. Modifications to oil spill response plan to be submitted.
Each crude oil pipeline operator shall submit any modifications to its response plan to the department within thirty days of making such a change.
Source:
SL 2008, ch 180, §7.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 18 - Oil Pipelines › Section 34A-18-8 - Implementation of plan in the event of oil spill.

34A-18-8. Implementation of plan in the event of oil spill.
Each crude oil pipeline operator shall implement its oil response plan in the event of an oil spill regardless of the cause of the spill or the party responsible for the spill.
Source:
SL 2008, ch 180, §8.
2023 South Dakota Codified Laws › Title 34A - Environmental Protection › Chapter 18 - Oil Pipelines › Section 34A-18-9 - Reports regarding spill.

34A-18-9. Reports regarding spill.
Each crude oil pipeline operator that experiences a spill shall file a written report with the department, within thirty days of discovery of the spill, if the spill:
(1)Is of five gallons or more; or
(2)Causes an explosion or fire; or
(3)Causes the injury or death of any person.
Source:
SL 2008, ch 180, §9.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-1.1 - Licensee includes municipal operating agreement holder--Number of agreements limited.

35-1-1.1. Licensee includes municipal operating agreement holder--Number of agreements limited.
For the purposes of this title, any person that has entered into an operating agreement with a municipality pursuant to §35-4-19 is a licensee. A municipality may not enter into more operating agreements than the maximum number of retail licenses of each type that may be issued pursuant to this title.
Source:
SL 2003, ch 188, §1; SL 2009, ch 177, §10; SL 2018, ch 213, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-2 - Secretary of revenue to administer title--Employment of personnel--Equipment and supplies.

35-1-2. Secretary of revenue to administer title--Employment of personnel--Equipment and supplies.
The secretary shall administer the law as set forth in this title, and may employ such help and purchase such equipment and supplies as are necessary for performance of the secretary's duties.
Source:
SDC 1939, §5.0102; SL 1971, ch 211, §7; SL 2008, ch 37, §130.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-3 - Certain revenue department employees prohibited from engaging in alcoholic beverage business.

35-1-3. Certain revenue department employees prohibited from engaging in alcoholic beverage business.
Neither the secretary nor any employee of the division within the department that issues any alcoholic beverage license may have any interest, financial or otherwise, in the production, transportation, storage, or sale of alcoholic beverages.
Source:
SDC 1939, §5.0102; SL 1971, ch 211, §8; SL 2008, ch 37, §131; SL 2016, ch 186, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-4 - Traffic in alcoholic beverages prohibited except as authorized by title.

35-1-4. Traffic in alcoholic beverages prohibited except as authorized by title.
No person may produce, transport, store, or sell any alcoholic beverage except as authorized under the provisions of this title.
Source:
SDC 1939, §5.0114; SL 1971, ch 211, §9; SL 2008, ch 37, §132.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-4.1 - Dispenser permitted to transport or store alcoholic beverage.

35-1-4.1. Dispenser permitted to transport or store alcoholic beverage.
A dispenser may transport or store any alcoholic beverage purchased for a bona fide scientific or medicinal purpose.
Source:
SL 2018, ch 213, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-5 - Unlicensed business prohibited--Violation as misdemeanor.

35-1-5. Unlicensed business prohibited--Violation as misdemeanor.
No person may transact any business authorized by this title without a license as provided by this title. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §5.0115; SL 1999, ch 183, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-5.1 - Bottle clubs prohibited.

35-1-5.1. Bottle clubs prohibited.
A bottle club, being an establishment not licensed for the sale of alcoholic beverages, which allows persons to bring their own alcoholic beverages on the premises for purposes of consumption and where the proprietor sells or provides soft drinks, mix, or ice on the premises, or charges for bringing such alcoholic beverages, soft drinks, mix, or ice on the premises, is prohibited.
Source:
SL 1971, ch 211, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-5.3 - Consumption of distilled spirits in public place as misdemeanor--Exceptions.

35-1-5.3. Consumption of distilled spirits in public place as misdemeanor--Exceptions.
It is a Class 2 misdemeanor for any person to consume distilled spirits in any public place, other than upon the premises of an on-sale dealer that is licensed to sell distilled spirits or upon the location set forth in a permit granted by §35-1-5.5. For purposes of this section, the term, public place, means any place, whether in or out of a building, commonly and customarily open to or used by the general public, and any street or highway.
Source:
SL 1973, ch 234; SL 1977, ch 190, §122; SL 1984, ch 246; SL 2008, ch 37, §134; SL 2010, ch 180, §3; SL 2011, ch 170, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-5.4 - Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business.

35-1-5.4. Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business.
Any person who produces for personal, family, or similar use two hundred gallons or less of malt beverage each year or any person who produces for personal, family, or similar use two hundred gallons or less of cider each year or any person who produces for personal, family, or similar use two hundred gallons or less of wine each year is exempt from any license required by this title and is exempt from any tax or fee imposed by this title.
No malt beverage, cider, or wine produced pursuant to this section may be manufactured in a public place or place of business, and stored during the manufacturing process in a public place or place of business, unless the business holds a retail on premises manufacturer license pursuant to subdivision 35-4-2(21).
Malt beverage, cider, or wine produced pursuant to this section may only be stored or consumed on a licensed premises if the premises is licensed to sell such product and:
(1)Such place is at an exhibition, a festival, an educational event, a technical or sensory evaluation, or a tasting competition;
(2)The malt beverage, cider, or wine is conspicuously identified by the licensed business;
(3)The licensed business makes the location of manufacture available upon request;
(4)The malt beverage, cider, or wine is served free of charge or as a prize by the licensed business; and
(5)The malt beverage, cider, or wine does not exceed the sample size limitations pursuant to §35-4-10.2.
The malt beverage, cider, or wine produced pursuant to this section may not be sold or offered for sale. The licensed business does not violate this section by charging a fee for admission to the exhibition, festival, educational event, technical or sensory evaluation, or tasting competition as long as no separate fee is charged for consumption of the malt beverage, cider, or wine and no portion of the admission fee nor any other compensation is paid to the person who produced the malt beverage, cider, or wine pursuant to this section.
Source:
SL 1997, ch 212, §1; SL 2014, ch 176, §2; SL 2021, ch 165, § 1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-5.5 - Permit for consumption of alcoholic beverage on property owned by public or nonprofit corporation.

35-1-5.5. Permit for consumption of alcoholic beverage on property owned by public or nonprofit corporation.
The governing body of a municipality or county may permit the consumption, but not the sale, of any alcoholic beverage on property owned by the public or by a nonprofit corporation within its jurisdiction. The permit period may not exceed twenty-four hours and the hours of authorized consumption may not exceed those permitted for on-sale licensees.
Source:
SL 2011, ch 170, §2; SL 2018, ch 213, §4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-5.6 - Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions.

35-1-5.6. Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions.
It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, this provision does not apply to any passenger aboard a vehicle operated by a licensed carrier. A person may consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the beverage is purchased from a licensee who has been issued a temporary license pursuant to §35-4-124 for a special event occurring on the premises of the licensed on-sale dealer.
Source:
SL 2011, ch 170, §3; SL 2018, ch 213, §5; SL 2018, ch 215, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-5.7 - Corkage fee for wine supplied by customer--Removal of partially consumed, sealed bottle of wine--Storage of wine supplied by customer.

35-1-5.7. Corkage fee for wine supplied by customer--Removal of partially consumed, sealed bottle of wine--Storage of wine supplied by customer.
Notwithstanding the provisions of §35-1-5.6, a licensee that is licensed to sell wine on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed premises for consumption by the customer while eating a meal that was prepared by the licensee and that was served at a table on the licensed premises. The licensee may charge a corkage fee for serving wine supplied by a customer. The customer may carry out the unconsumed portion of the bottle of wine if it is securely resealed by the licensee with a cork or other similar cap and placed in a sealed bag or other container. The licensee shall also attach the receipt for the meal and any corkage fee to the bag or container. The customer may store unconsumed bottles of wine on the licensed premises. The licensee may charge a storage fee for storing wine supplied by the customer.
Source:
SL 2012, ch 190, §1; SL 2014, ch 174, §1; SL 2018, ch 216, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-5.8 - Carrier may permit passenger to consume alcoholic beverage aboard vehicle.

35-1-5.8. Carrier may permit passenger to consume alcoholic beverage aboard vehicle.
Notwithstanding the provisions of §35-1-5.6, a licensed carrier may permit a passenger to bring sealed and unopened alcoholic beverages purchased from a South Dakota retailer aboard the vehicle for consumption by the passenger aboard the vehicle operated by the carrier. Nothing in this section may be construed to permit a licensed carrier to violate any other provision under this title.
Source:
SL 2018, ch 215, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-5.9 - Commercial storage of wine--Authorization.

35-1-5.9. Commercial storage of wine--Authorization.
Any person not licensed under this title may store alcoholic beverages for a fee for any other person not licensed under this title.
Source: SL 2022, ch 140, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-7 - False statement in application or report as felony.

35-1-7. False statement in application or report as felony.
Any person who, in any application, report, or statement filed with the secretary, knowingly makes a false statement as to any matter required by any provision of this title to be set forth in the application, report, or statement, is guilty of a Class 6 felony.
Source:
SDC 1939, §5.9902; SL 1977, ch 190, §123; SL 2008, ch 37, §135; SL 2010, ch 180, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-8 - Sale or delivery of beverages for resale prohibited except as authorized.

35-1-8. Sale or delivery of beverages for resale prohibited except as authorized.
No manufacturer, wholesaler, or transporter may sell or deliver any package containing alcoholic beverages manufactured or distributed for resale, unless the person to whom the package is sold or delivered is authorized to receive the package as provided in this title.
Source:
SL 1959, ch 13; SDC Supp 1960, §5.0124; SL 1971, ch 211, §10; SL 2008, ch 37, §136; SL 2018, ch 213, §6.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-8.1 - Sacramental wines exempt.

35-1-8.1. Sacramental wines exempt.
The provisions of this title relating to licensing and taxation do not apply to the purchase and sale of wines used by ordained rabbis, priests, ministers, or pastors of any church or established religious organization for sacramental purposes within the state.
Source:
SDC 1939, §§5.0101 (25), 5.0229; SDCL §35-4-59; SL 1971, ch 211, §3; SL 2008, ch 37, §137.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 01 - Definitions And General Provisions › Section 35-1-9 - Storage of beverages restricted to licensed premises--Exception.

35-1-9. Storage of beverages restricted to licensed premises--Exception.
No licensee under this title may keep or store any alcoholic beverages at any place within the state other than on the premises where the licensee is authorized to operate. However, a licensee may store alcoholic beverages in a bonded warehouse pursuant to §35-4-45.
Source:
SDC 1939, §5.0120; SL 1971, ch 211, §11; revised pursuant to SL 1972, ch 15, §4; SL 2008, ch 37, §138; SL 2018, ch 213, §7.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 South Dakota Services for the Deaf.
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 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, which 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, which 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; SL 2023, ch 62, §20.
2023 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.
2023 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.