reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-11.2 - Convention facility on-sale licenses issued by municipality or county on behalf of improvement district.

35-4-11.2. Convention facility on-sale licenses issued by municipality or county on behalf of improvement district.
Notwithstanding the provisions of §35-4-11, each municipality or a county on behalf of an improvement district created pursuant to chapter 7-25A may issue two convention facility on-sale licenses pursuant to subdivision 35-4-2(13) for convention facilities substantially constructed within the two years following issuance of the license or previously completed. If located in a municipality or improvement district with a population of twenty thousand or greater, the hotel-motel convention facility shall be used and kept open for the hosting of large groups of guests for compensation and shall have at least one hundred rooms that are suitable lodging accommodations and convention facilities with seating for at least four hundred persons. If located in a municipality or improvement district with a population of less than twenty thousand, the hotel-motel convention facility shall have at least forty rooms that are suitable lodging accommodations and convention facilities with seating for at least one hundred fifty persons.
If the population of a municipality or improvement district changes, the facility is only required to meet the criteria established by this section for the license at the time the license was originally issued.
Source:
SL 1985, ch 291, §4; SL 1988, ch 292, §1C; SL 1993, ch 320, §13 rejected by referendum held September 14, 1993; SL 2003, ch 194, §1; SL 2010, ch 180, §29; SL 2018, ch 213, §60; SL 2018, ch 220, §1; SL 2019, ch 163, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-11.11 - Additional convention facility on-sale licenses authorized.

35-4-11.11. Additional convention facility on-sale licenses authorized.
In addition to the licenses provided by §§35-4-11 and 35-4-11.2, any municipality that is authorized by chapter 42-7B to allow legal games of chance may issue up to twelve additional convention facility on-sale licenses to hotel-motel convention facilities. A hotel-motel convention facility as used in this section is a facility that, in a bona fide manner, is used and kept open for the hosting of large groups of guests for compensation which has at least fifty rooms which are suitable lodging accommodations and convention facilities with seating for at least one hundred fifty persons. In a locally designated historical district, in a municipality that is authorized to conduct gaming by chapter 42-7B, any license created by this section shall be available to buildings subject to rehabilitation and restored according to the U.S. Department of the Interior standards for historic preservation projects codified in 36 C.F.R. 67 as of January 1, 1994. Such a rehabilitation project shall have at least thirty rooms that are suitable lodging accommodations.
Source:
SL 2000, ch 181, §1; SL 2002, ch 172, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-11.12 - On-sale licenses for improvement districts.

35-4-11.12. On-sale licenses for improvement districts.
A county may issue on-sale licenses pursuant to subdivision 35-4-2(6) to be operated only within an improvement district, created pursuant to chapter 7-25A, within the county. The number of licenses issued in the improvement district 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.
Source:
SL 2000, ch 180, §1; SL 2018, ch 213, §62.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-11.13 - Hunting preserve facility on-sale license.

35-4-11.13. Hunting preserve facility on-sale license.
Notwithstanding the provisions of §35-4-11.1, each county may issue a hunting preserve facility on-sale license to any facility that has a shooting preserve operating permit issued pursuant to chapter 41-10 and a license issued by the Department of Health pursuant to chapter 34-18. The licensee may only sell alcoholic beverages during the shooting preserve season for consumption on the licensed premises to a guest as part of a hunting or shooting rental package for use of the shooting preserve's facilities and services. The licensee may not offer any alcoholic beverages for retail sale to other members of the general public. The facility shall have rooms that are suitable for lodging to host guests and equipment and seating for the preparation and serving of food for consumption on the premises. For the purposes of this section, the term, premises, means the same facility which is also licensed by the Department of Health pursuant to chapter 34-18. The license fee shall be five hundred dollars per season. The renewal fee shall be five hundred dollars per season. Any license issued pursuant to this section may not be transferred to a different location.
Source:
SL 2011, ch 173, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-13 - Continuation of on-sale license despite annexation by municipality or county--Exception to restrictions on number of licenses.

35-4-13. Continuation of on-sale license despite annexation by municipality or county--Exception to restrictions on number of licenses.
If, due to the annexation of territory by any municipality or county, the premises of an on-sale licensee are transferred from one jurisdiction to another, the licensee may continue to legally operate until the expiration of the license. After the expiration of the license, the licensee may apply for renewal of the license to the governing body that has jurisdiction over the licensed premises. The license application may not be denied on the grounds that, by the issuance of the license, more on-sale licenses are in existence than is permitted by the limitations of this chapter.
Source:
SDC 1939, §5.0204 (14) as added by SL 1965, ch 13; SL 1971, ch 211, §48; SL 2008, ch 37, §168; SL 2018, ch 213, §63.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-14 - On-sale license for publicly operated airport.

35-4-14. On-sale license for publicly operated airport.
Notwithstanding the provisions of §35-4-11 or 35-2-5.3, any county or municipality operating an airport under chapter 50-7 or a regional airport authority operating an airport under chapter 50-6A may by resolution, without an election, but subject to referendum, make application for the issuance of an on-sale license at the airport.
An on-sale license issued for a municipal airport may be renewed annually as long as the municipality or regional airport authority operates the airport. No on-sale license issued for a municipal airport after July 1, 2018, may be sold, transferred, or operated at any location other than the municipal airport.
Source:
SDC 1939, §5.0204 (15) as added by SL 1967, ch 6; SL 1971, ch 211, §49; SL 1993, ch 267; SL 2018, ch 221, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-14.1 - On-sale license--Municipal event center or recreation facility--Limitations--Authority to contract.

35-4-14.1. On-sale license--Municipal event center or recreation facility--Limitations--Authority to contract.
Notwithstanding the provisions of §35-4-11, any municipality may by resolution, without an election but subject to referendum, issue an on-sale license pursuant to subdivision 35-4-2(4) for use at any municipality-owned entertainment venue, event venue, event center, arena, performance hall, theater, outdoor amphitheater, convention center, stadium, athletic venue, recreation facility, municipal auditorium operated pursuant to chapter 9-52, or public convention hall operated pursuant to chapter 9-53. An on-sale license issued pursuant to this section must be used to support the primary public purpose of the municipality-owned facility during the hours the municipality-owned facility is open for its primary purpose. A license issued pursuant to this section must not be used at any municipality-owned facility for the primary purpose of only providing food and beverage services to the public. There is no fee for a license under this section. The governing body of any municipality that has obtained an on-sale license pursuant to this section may contract with any person or entity for purposes of providing food and beverage services at the municipality-owned facility and the use of any license issued pursuant to this section. A license issued pursuant to this section may not be transferred.
Source: SL 1976, ch 227; SL 1985, ch 293; SL 2008, ch 37, §169; SL 2008, ch 186, §1; SL 2016, ch 188, §1, eff. Feb. 18, 2016; SL 2023, ch 132, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-19 - Licensed municipalities permitted to issue certain licenses--Operating agreements permitted.

35-4-19. Licensed municipalities permitted to issue certain licenses--Operating agreements permitted.
Any municipality that has obtained a license under this title may issue licenses pursuant to subdivisions 35-4-2(12) and (16). If a municipality has been issued an off-sale license only, the governing body may approve or disapprove applications for on-sale licenses issued pursuant to subdivision 35-4-2(4). If a municipality has been issued an on-sale and off-sale license, the governing body may, by resolution, enter into an operating agreement with any person for the specific purpose of operating an on-sale establishment or an off-sale establishment, or both for the municipality.
Source:
SDC 1939, §5.0204 (9); SL 1959, ch 7, §2; SL 1971, ch 211, §50; SL 1978, ch 265; SL 1987, ch 261, §21; SL 2007, ch 205, §1; SL 2010, ch 180, §31; SL 2018, ch 213, §65.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-19.1 - Full-service restaurant on-sale license provisions applicable to municipalities and operating agreement holders.

35-4-19.1. Full-service restaurant on-sale license provisions applicable to municipalities and operating agreement holders.
The provisions of §§35-4-110 to 35-4-120, inclusive, apply to any municipality that enters into operating agreements pursuant to §35-4-19. Each operating agreement holder is a license holder for the purposes of §§35-4-110 to 35-4-120, inclusive, and when applying these provisions.
Source:
SL 2009, ch 177, §11; SL 2018, ch 213, §66.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-21 - Contents of operating agreements.

35-4-21. Contents of operating agreements.
An operating agreement under §35-4-19 shall include:
(1)The manager is responsible for all operating expenses, including taxes, insurance, and license fees, if any;
(2)The manager may dispense only alcoholic beverages supplied by the municipal off-sale establishment;
(3)The agreement shall be for a period not to exceed five years with the provision of one extension also not to exceed five years in the discretion of the governing body;
(4)The agreement may be canceled by ninety days' written notice by either party;
(5)The manager shall pay for all alcoholic beverages supplied by the municipal off-sale establishment, the actual cost price, the transportation charges and markup, and any additional compensation or fee as may be mutually agreed upon by both parties;
(6)A complete and detailed record shall be maintained by the municipality of all alcoholic beverages supplied the on-sale manager. All alcoholic beverages shall be evidenced by prenumbered invoices prepared in triplicate showing the date, quantity, brand, size, and actual cost as set forth in subdivision (5) of this section. The invoices shall bear the signature of the on-sale manager or the manager's authorized representative. One copy of the invoice shall be retained by the off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the municipal auditor or clerk. All copies shall be kept as permanent records and made available for reference and audit purposes.
Source:
SDC 1939, §5.0204 (9) (b) as added by SL 1959, ch 7, §2; SL 1971, ch 211, §51; SL 2008, ch 37, §170; SL 2018, ch 213, §67.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-22 - Agreement for operation of municipal off-sale establishment.

35-4-22. Agreement for operation of municipal off-sale establishment.
If a municipality has been issued an off-sale license only, the governing body may, by resolution, enter into an operating agreement with the manager of a legitimate operating business concern for the specific purpose of operating the off-sale establishment for the municipality.
Source:
SDC 1939, §5.0204 (9) (c) as added by SL 1961, ch 15; SL 1971, ch 211, §52; SL 1985, ch 294; SL 1989, ch 315; SL 1996, ch 224, §1; SL 2018, ch 213, §68.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-22.1 - License renewal of off-sale licensee outside of boundaries.

35-4-22.1. License renewal of off-sale licensee outside of boundaries.
An off-sale licensee applying for license renewal, to the governing body that has jurisdiction over the licensed premises, may not be denied the license on the grounds that the location of the premises is outside the boundaries of a municipality or an unincorporated platted area with a United States post office, if the licensee has held or had an interest in an off-sale license at a location outside the boundaries of a municipality on an unincorporated platted area with a United States post office for more than five years.
Source:
SL 1996, ch 224, §2; SL 2018, ch 213, §69.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-23 - Contents of agreement for operation of municipal off-sale establishment.

35-4-23. Contents of agreement for operation of municipal off-sale establishment.
An operating agreement pursuant to §35-4-22 shall include at least the provisions required by subdivisions 35-4-21(1) to (4), inclusive, and (6), and shall also provide that the manager shall receive as full consideration under the agreement a percentage of the fixed markup from the off-sale establishment under his or her management as agreed upon by the governing board of the municipality and the manager after establishing a fixed markup in excess of the actual cost of all liquors supplied by the municipal off-sale licensee. The actual cost shall include cost price and transportation charges. The markup percentage shall be mutually agreed upon by both parties.
Source:
SDC 1939, §5.0204 (9) (c) as added by SL 1961, ch 15; SL 1971, ch 211, §53; SL 2008, ch 37, §171.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-41 - Duration and expiration of licenses--Full fee charged for part of year.

35-4-41. Duration and expiration of licenses--Full fee charged for part of year.
The period covered by licenses under this title is from twelve o'clock midnight on the thirty-first day of December to twelve o'clock midnight on the thirty-first day of the next December. However, the license is valid for an additional three days if a proper application for a new license is in the possession of the secretary before midnight on the thirty-first day of December when the license expires. The full fee shall be charged for any license for a portion of the period, except as provided in subdivision 35-4-2(1).
Notwithstanding the provisions of this section, the period covered by any license issued pursuant to subdivision 35-4-2(16) and any manufacturer license issued under this title shall be from twelve o'clock midnight on the thirtieth day of June to twelve o'clock midnight on the thirtieth day of the next June.
Source:
SDC 1939, §5.0205; SL 1945, ch 17, §3; SL 1964, ch 10; SL 1971, ch 211, §54; SL 2008, ch 37, §172; SL 2018, ch 213, §70.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-45 - Bonded warehouse permitted to store beverages--Additional bond required.

35-4-45. Bonded warehouse permitted to store beverages--Additional bond required.
Any bonded warehouse within this state may, upon compliance with this section, receive alcoholic beverages for storage purposes. Before receiving any alcoholic beverages, the bonded warehouse shall furnish, in addition to any bond previously furnished under law, a bond in the amount of ten thousand dollars guaranteeing that the bonded warehouse, its officers, employees, and agents will comply with all provisions of this title applicable to the bonded warehouse. The bond shall be in a form prescribed by the secretary and shall be approved by and filed with the secretary.
Source:
SDC 1939, §5.0213; SL 1971, ch 211, §56; SL 2008, ch 37, §174; SL 2018, ch 213, §72.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-47 - Sources from which wholesalers may receive beverages.

35-4-47. Sources from which wholesalers may receive beverages.
Except as provided in §§35-2-9 and 35-10-16, a licensed wholesaler may only purchase or receive alcoholic beverages from:
(1)Manufacturers or wholesalers licensed under this title;
(2)Transportation licensees, including deliveries by the transportation licensees through a freight, express, or parcel post depot within the municipality where the manufacturer or wholesaler licensee operates, and including any transported beverages that have been imported from outside the state; or
(3)Bonded warehouses as provided in §35-4-45.
Source:
SDC 1939, §5.0215; SL 1971, ch 211, §58; SL 2008, ch 37, §175; SL 2018, ch 213, §74.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-50 - Restrictions on sales by wholesalers.

35-4-50. Restrictions on sales by wholesalers.
A licensed wholesaler under this chapter may only sell alcoholic beverages in this state to a manufacturer, wholesaler, and retail licensee under this chapter and only the alcoholic beverages that the respective licensee is authorized to purchase.
Source:
SDC 1939, §5.0217; SL 1947, ch 20; SL 1949, ch 15; SL 1963, ch 12, §1; SL 1968, ch 3; SL 1971, ch 211, §61; SL 1987, ch 261, §24; SL 2018, ch 213, §77.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-52 - Prohibited sales practices by manufacturers and wholesalers.

35-4-52. Prohibited sales practices by manufacturers and wholesalers.
No manufacturer or wholesaler may attempt to promote the sale of alcoholic beverages by tie-in sales arrangements or by any device such as gifts or other concessions of financial value to a customer. The manufacturer or wholesaler may promote sales only on the basis of price competition, salesmanship, reliability as a supplier, and other ordinary competitive business practices.
Source:
SL 1951, ch 6; SDC Supp 1960, §5.0217-1; SL 1971, ch 211, §62; SL 2008, ch 37, §176; SL 2018, ch 213, §78.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-60 - Retailers permitted to purchase only from wholesalers.

35-4-60. Retailers permitted to purchase only from wholesalers.
Except as provided in this title, a retail licensee may only buy or receive alcoholic beverages from a wholesaler licensed under this chapter.
Source:
SDC 1939, §5.0219; SL 1945, ch 22, §2; SL 1955, ch 6, §3; SL 1971, ch 211, §63; SL 2008, ch 37, §177; SL 2018, ch 213, §79.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-60.1 - Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler.

35-4-60.1. Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler.
No licensed wholesaler may purchase or accept delivery of any brand of alcoholic beverages, unless those alcoholic beverages are purchased from the brand owner or the brand owner's authorized agent, or from another licensed wholesaler operating solely within this state. Alcoholic beverages imported into this state shall come to rest at the warehouse of the licensed wholesaler before sale and delivery to a retail licensee. Alcoholic beverages obtained from any licensed manufacturer located in this state do not need to come to rest at the warehouse of the licensed wholesaler before sale and delivery to a retail licensee if the wholesaler takes physical possession of the alcoholic beverages.
Source:
SL 1982, ch 270; SL 1994, ch 286, §1; SL 2018, ch 224, §15.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-60.2 - Purchase from municipality of malt beverages by certain licensees--Price charged.

35-4-60.2. Purchase from municipality of malt beverages by certain licensees--Price charged.
A licensee licensed under subdivision 35-4-2(3), (4), or (16) shall purchase any malt beverages that the licensee sells from the municipality if the municipality in which the licensee is located is licensed under subdivision 35-4-2(5) and if the municipality has adopted by ordinance a requirement that purchases of malt beverages by licensees under this section be made from the municipality. A municipality selling malt beverages to any licensee licensed under subdivision 35-4-2(3), (4), or (16) may not charge the licensee more than five percent above the municipality's cost for malt beverages plus freight unless the municipality has an operating agreement in effect on April 1, 1988, for its on-sale alcoholic beverage licensees licensed pursuant to subdivision 35-4-2(4) and imposes a mark-up higher than five percent for malt beverages. The municipality shall charge all licensees under this section the same price for malt beverages. The provisions of this section for a licensee licensed pursuant to subdivision 35-4-2(3) or (4) only apply if the licensee is located in a municipality with a population that exceeds eight thousand.
Source:
SL 1987, ch 261, §40; SL 1988, ch 293, §1; SL 2008, ch 37, §178; SL 2010, ch 180, §33; SL 2017, ch 168, §1; SL 2018, ch 213, §80.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-60.3 - Certain licensees permitted to purchase from wholesalers and retailers.

35-4-60.3. Certain licensees permitted to purchase from wholesalers and retailers.
Notwithstanding the provisions of §35-4-60, a civic, charitable, educational, fraternal, or veterans organization licensed pursuant to §35-4-124 may purchase alcoholic beverages from any licensed wholesaler, or licensed retailer with off-sale privileges.
Source:
SL 2018, ch 217, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-66 - Restrictions on transportation of beverages.

35-4-66. Restrictions on transportation of beverages.
Alcoholic beverages may be transported only by:
(1)A transporter licensee in the course of delivery to persons authorized under this title to receive the alcoholic beverages;
(2)A manufacturer or wholesaler in the manufacturer or wholesaler licensee's own vehicles, carrying the manufacturer or wholesaler licensee's own merchandise;
(3)A manufacturer carrying only samples, sealed or unsealed;
(4)An individual, in interstate transportation carrying alcoholic beverages in quantities of one gallon or less, or in intrastate transportation carrying any quantity, but in either case carrying alcoholic beverages purchased by the individual for personal use only or produced by the individual pursuant to § 35-1-5.4;
(5)A common carrier in interstate commerce if the shipment originates outside the state and is destined for a point outside the state;
(6)A carrier licensee, in exercise of the privileges granted pursuant to the license or purchased by passengers for personal use while on the conveyance;
(7)An established religious organization, in interstate transportation carrying alcoholic beverages in quantities of four gallons or less, or in intrastate transportation carrying any quantity, but in either case only alcoholic beverages purchased by the established religious organization for sacramental use;
(8)An off-sale delivery licensee;
(9)A wine carrier as defined in §35-12B-1; or
(10)A retailer, carrying the retailer's own merchandise purchased from a wholesaler to the retailer's licensed premises.
Source:
SDC 1939, §5.0220; SL 1945, ch 23; SL 1971, ch 211, §65; SL 1972, ch 200; SL 1977, ch 288; SL 2008, ch 37, §179; SL 2010, ch 182, §1; SL 2017, ch 169, §3; SL 2018, ch 213, §82; SL 2018, ch 215, §5; SL 2019, ch 164, §1; SL 2021, ch 165, § 3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-67 - Restrictions on importation of beverages.

35-4-67. Restrictions on importation of beverages.
Except as provided in subdivisions 35-4-66(1), (3), (4), (5), (6), and (7), no person may bring alcoholic beverages into this state.
Source:
SDC 1939, §5.0224; SL 1943, ch 12; SL 1945, ch 24; SL 1971, ch 211, §66; SL 1987, ch 261, §26; SL 2010, ch 182, §2; SL 2018, ch 213, §83.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-71 - Sale of alcohol by dispensers restricted.

35-4-71. Sale of alcohol by dispensers restricted.
No dispenser may resell alcohol except as compounded into medicinal or other preparations that are not capable of ordinary use as a beverage.
Source:
SDC 1939, §5.0223; SL 1971, ch 211, §67; SL 2008, ch 37, §180.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-74 - Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor.

35-4-74. Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor.
Except pursuant to the provisions of §35-4-127, no off-sale licensee may make any delivery of alcoholic beverages outside of the premises described in the license. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §5.0226 (1); SL 1947, ch 21; SL 1963, ch 13; SL 1968, ch 4; SL 1971, ch 211, §68; SL 1992, ch 158, §57; SL 2008, ch 37, §181; SL 2017, ch 169, §4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-75 - Service by on-sale licensees restricted to premises--Violation as misdemeanor.

35-4-75. Service by on-sale licensees restricted to premises--Violation as misdemeanor.
No on-sale licensee may serve alcoholic beverages except on the premises authorized by the license. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §5.0226 (5); SL 1953, ch 10; SL 1963, ch 15; SL 1971, ch 211, §69; SL 1992, ch 158, §58; SL 2008, ch 37, §182.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-77.1 - Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance.

35-4-77.1. Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance.
Notwithstanding the provisions of §35-4-75, the governing body of the municipality charged with the approval of alcoholic beverage license issuance may, by ordinance, permit the sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises. This section does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid.
Nothing in this section prevents the governing body from imposing conditions or restrictions that the governing body considers appropriate.
The sidewalk or walkway subject to a public right-of-way where the sale and consumption of alcoholic beverages is permitted does not constitute a public place as defined in §35-1-5.3, if the sidewalk or walkway subject to a public right-of-way has been properly authorized for sale and consumption of alcoholic beverages pursuant to this section. The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way shall be consistent with the hours permitted for the on-sale license.
A violation of any provision of this title by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of-way pursuant to this section constitutes a violation of this title as if the violation had occurred in or on the licensed premises.
Source:
SL 2008, ch 187, §1; SL 2016, ch 189, §1; SL 2018, ch 213, §84.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-78 - Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.

35-4-78. Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.
No licensee may sell or serve any alcoholic beverage to any person who is obviously intoxicated. A violation of this section is a Class 1 misdemeanor.
However, no licensee is civilly liable to any injured person or the injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the intoxication of any person due to the sale or consumption of any alcoholic beverage in violation of the provisions of this section.
Source:
SDC 1939, §§5.0226 (2), 5.9905; SL 1971, ch 211, §70; SL 1977, ch 190, §125; SL 1985, ch 295, §2; SL 1987, ch 261, §27; SL 2010, ch 180, §34; SL 2018, ch 213, §85.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-79 - Persons under twenty-one years old not permitted to loiter on on-sale or off-sale premises or to sell, serve, or consume beverages--Violation as misdemeanor.

35-4-79. Persons under twenty-one years old not permitted to loiter on on-sale or off-sale premises or to sell, serve, or consume beverages--Violation as misdemeanor.
No on-sale or off-sale licensee may permit any person less than twenty-one years old to loiter on the licensed premises or to sell, serve, dispense, or consume alcoholic beverages on the licensed premises.
A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §5.0226 (6); SL 1971, ch 211, §71; SL 1987, ch 261, §30; SL 1988, ch 294, §1; SL 1990, ch 298; SL 1992, ch 158, §59; SL 2010, ch 183, §4; SL 2011, ch 172, §4; SL 2018, ch 213, §86.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-79.4 - Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor.

35-4-79.4. Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor.
Notwithstanding the provisions of §35-4-79, any on-sale or off-sale licensee may permit persons eighteen years or older to sell or serve alcoholic beverages if less than fifty percent of the gross business transacted by the establishment is from the sale of alcoholic beverages, or the licensee or an employee of the licensee that is at least twenty-one years of age is on the premises when the alcoholic beverage is sold or served. For purposes of this section, the term, to sell or serve alcoholic beverages, includes tending bar or drawing, pouring, or mixing alcoholic beverages. Any person tending bar or drawing, pouring, or mixing alcoholic beverages pursuant to this section must be certified by a nationally recognized alcohol management program.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2018, ch 213, §88; SL 2022, ch 142, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-81 - Restriction by ordinance of sales, service, and consumption on certain days.

35-4-81. Restriction by ordinance of sales, service, and consumption on certain days.
Any municipality or county may, by ordinance, prohibit or restrict the sale, service, and consumption of alcoholic beverages on Sundays, Christmas Day, or Memorial Day.
Source:
SDC 1939, §5.0226 (3), (4); SL 1961, ch 16; SL 1963, ch 14; SDCL §35-4-80; SL 1971, ch 211, §72; SL 1987, ch 261, §32; SL 1992, ch 158, §60; SL 2009, ch 173, §2; SL 2010, ch 183, §1; SL 2018, ch 213, §90.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-81.2 - Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor.

35-4-81.2. Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor.
No on-sale or off-sale licensee may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of two a.m. and seven a.m. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1987, ch 261, §33; SL 2008, ch 182, §4; SL 2010, ch 183, §3; SL 2011, ch 172, §5; SL 2018, ch 213, §91.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-99 - Display of health warning sign--Violation as petty offense.

35-4-99. Display of health warning sign--Violation as petty offense.
All licensed premises shall prominently display the sign provided for in §35-4-100. The sign shall be displayed in such a manner as to provide an unobstructed view to the customers of such licensee. Failure to display such sign is a petty offense.
Source:
SL 1986, ch 298, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-100 - Health warning sign--Contents--Copy provided to licensees.

35-4-100. Health warning sign--Contents--Copy provided to licensees.
The Department of Social Services shall create a nine inch by twelve inch sign to be displayed pursuant to §35-4-99. The sign shall explain the dangers faced by pregnant women who consume alcohol. The language in the sign shall be approved by the secretary of health. The Department of Social Services shall provide a copy of the sign to each licensee required by §35-4-99 to display the sign.
Source:
SL 1986, ch 298, §2; SL 1992, ch 372 (Ex. Ord. 92-2), §20; SL 2008, ch 37, §184; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-101 - Minibars authorized in hotels or motels.

35-4-101. Minibars authorized in hotels or motels.
Any hotel or motel may operate minibars as defined in §35-1-1 in any of its rooms or units if the hotel or motel has an on-sale license issued pursuant to subdivision 35-4-2(4), (6), or (13).
Source:
SL 1989, ch 311, §2; SL 2010, ch 180, §49; SL 2018, ch 213, §98.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-102 - Minibars--Beverage sizes--Age limit--Access.

35-4-102. Minibars--Beverage sizes--Age limit--Access.
Any hotel or motel may sell alcoholic beverages, except malt beverages and wine, in sizes not to exceed one hundred milliliters and malt beverages and wine in sizes not to exceed three hundred fifty-five milliliters to its registered guests twenty-one years of age or older, by means of a minibar. Access to the minibar in a particular guestroom shall be made available only by a key, magnetic card, or similar device. The licensee shall verify that each registered guest who is provided a key, magnetic card, or similar device to access a minibar is twenty-one years of age or older.
Source:
SL 1989, ch 311, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-103 - Annual additional license fee for video lottery machines on licensed premises.

35-4-103. Annual additional license fee for video lottery machines on licensed premises.
Any municipality or county may impose on any person who is licensed pursuant to this chapter and who is issued a video lottery establishment license pursuant to §42-7A-41 an annual additional license fee for the privilege of locating video lottery machines on the licensed premises. The fee may not exceed fifty dollars for each video lottery machine. The fees imposed by this section are in addition to fees imposed under §§35-4-2 and 42-7A-41 and shall be paid at the same time and in the same manner as the fees paid in §35-4-2. All fees received under this section shall be deposited into the general fund of the municipality or county having jurisdiction over the licensee. However, the municipality or county may not impose this additional fee on more than one license per location.
Source:
SL 1992, ch 263; SL 1993, ch 268; SL 2018, ch 213, §99.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-106 - License at county or municipal golf course.

35-4-106. License at county or municipal golf course.
Any county or municipality operating a golf course may, by resolution, without an election, but subject to referendum, make application for the issuance of an on-sale license at the golf course.
Source:
SL 1994, ch 287; SL 2018, ch 213, §100.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-107 - Resort facility on-sale license--Resort facility defined--Terms of license--Application.

35-4-107. Resort facility on-sale license--Resort facility defined--Terms of license--Application.
Notwithstanding the provisions of §35-4-11.1, each county may issue three resort facility on-sale licenses. For the purposes of this section, a resort facility is a facility located in a county with a population of less than two thousand persons at the time the license is initially issued and, in a bona fide manner, is used and kept open for hosting guests for compensation which has at least thirty rooms that are suitable for lodging and which has facilities for the preparation and serving of food for consumption on the premises. The resort facility license may be issued only if the licensee derives less than thirty-three percent of the licensee's gross receipts from the sale of alcoholic beverages on the premises where the license is held. For the purposes of this section, the term premises means one contiguous piece of real property on which sales are generated by the licensee. This section applies to any resort facility constructed after July 1, 1997.
Source:
SL 1997, ch 213, §1; SL 2001, ch 196, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-110 - Definition of terms pertaining to full-service restaurant on-sale licenses.

35-4-110. Definition of terms pertaining to full-service restaurant on-sale licenses.
Terms used in this section and §§35-4-111 to 35-4-120, inclusive, mean:
(1)"Bar," any permanently installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages;
(2)"Full-service restaurant," any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or foodstuffs such as sandwiches, hamburgers, or salads is not a full-service restaurant;
(3)"Restaurant," any area in a building maintained, advertised, and held out to the public as a place where individually priced meals are prepared and served primarily for consumption in such area and where at least sixty percent of the gross revenue of the restaurant is derived from the sale of food and nonalcoholic beverages. The restaurant shall have a dining room or rooms, a kitchen, and the number and kinds of employees necessary for the preparing, cooking, and serving of meals.
Source:
SL 2008, ch 189, §2; SL 2009, ch 177, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-111 - Full-service restaurant on-sale licenses.

35-4-111. Full-service restaurant on-sale licenses.
Notwithstanding the provisions of §35-4-11 or 35-4-11.1 or the on-sale license fees established pursuant to subdivisions 35-4-2(4) and (6), the governing board of any incorporated municipality or the board of county commissioners of any county may, by ordinance, issue additional on-sale licenses for full-service restaurants if the municipality or county charges at least the minimum fee required by §35-4-116.
A full-service restaurant on-sale license issued in a municipality is subject to the license renewal fees as provided for in subdivision 35-4-2(4), and shall be treated for all other regulatory purposes in this title as a license issued pursuant to subdivision 35-4-2(4).
A full-service restaurant on-sale license issued in a county is subject to the license renewal fees as provided for in subdivision 35-4-2(6), and shall be treated for all other regulatory purposes in this title as a license issued pursuant to subdivision 35-4-2(6).
Source:
SL 2008, ch 189, §1; SL 2009, ch 177, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-112 - Documentation in support of initial application for full-service restaurant on-sale license.

35-4-112. Documentation in support of initial application for full-service restaurant on-sale license.
In the initial application, an applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality or county to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverages. The supporting documentation concerning the primary source of revenue submitted pursuant to this section is confidential.
Source:
SL 2008, ch 189, §3; SL 2009, ch 177, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-113 - Renewal of full-service restaurant on-sale license--Annual report.

35-4-113. Renewal of full-service restaurant on-sale license--Annual report.
If the municipality or county is renewing a full-service restaurant on-sale license, the municipality or county shall condition the license renewal upon receiving documentation that at least sixty percent of gross revenue from the preceding twelve months operation of the full-service restaurant was derived from the sale of food and nonalcoholic beverages. The full-service restaurant on-sale licensee shall submit an annual report to the municipality or county on the revenues from the full-service restaurant that includes an oath verifying the validity of the information provided in the report. The report and the supporting documentation submitted pursuant to this section are confidential. The report shall contain the annual gross revenues of the licensee for the following two categories:
(1)Food and nonalcoholic beverage gross revenues; and
(2)Total gross revenues.
Source:
SL 2008, ch 189, §4; SL 2009, ch 177, §4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-114 - On-premise consumption required.

35-4-114. On-premise consumption required.
A full-service restaurant on-sale licensee may only serve alcoholic beverages for on-premise consumption in the bar and dining room area of the restaurant.
Source:
SL 2008, ch 189, §5.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-115 - Advertisement of full-service restaurant.

35-4-115. Advertisement of full-service restaurant.
A restaurant that has a full-service restaurant on-sale license may only be advertised or held out to the public as primarily a food eating establishment. No licensee that has a full-service restaurant on-sale license may allow smoking on the licensed premises.
Source:
SL 2008, ch 189, §6.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-116 - Fees for additional on-sale licenses to full-service restaurants.

35-4-116. Fees for additional on-sale licenses to full-service restaurants.
Any municipality or county adopting the ordinance pursuant to §35-4-111 may issue additional on-sale licenses to full-service restaurants. Any municipality adopting such ordinance shall charge at least one dollar for each person residing within the municipality as measured by the last preceding decennial federal census. Any county adopting such ordinance shall charge at least one dollar for each person residing within the county but outside the boundary of any municipality as measured by the last preceding decennial federal census.
Each municipality or county shall set the on-sale license fee within ninety days of adopting the ordinance pursuant to §35-4-111 or within thirty days after the resolution of any appeal pursuant to §35-4-120. After the fee for an on-sale license issued pursuant to §§35-4-110 to 35-4-120, inclusive, has been determined, no municipality or county may change the fee for a period of ten years unless a growth in population reported by the federal decennial census requires an increase in the fee.
Source:
SL 2008, ch 189, §7; SL 2009, ch 177, §5.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-117 - Price of full-service restaurant on-sale license set at or above current fair market value.

35-4-117. Price of full-service restaurant on-sale license set at or above current fair market value.
Any municipality or county adopting the ordinance pursuant to §35-4-111 shall, for a period of ten years following adoption of such ordinance, set the price of a new full-service restaurant on-sale license, pursuant to §35-4-116, at or above the current fair market value. However, the full-service restaurant on-sale license fee may not be less than the minimum on-sale license fee as provided in subdivision 35-4-2(4) or (6). For purposes of this section, the term, current fair market value, means the documented price of the on-sale license most recently sold through an arm's-length transaction, less the value of any real or personal property included in the transaction. If there are no documented sales of on-sale licenses, the municipality or county may request from any on-sale license holder within the municipality or county, the date and price originally paid for its on-sale license to determine the current fair market value.
Source:
SL 2008, ch 189, §9; SL 2009, ch 177, §6; SL 2018, ch 213, §101.