reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 08A - Regulation Of Beer Industry Business Relationships › Section 35-8A-12 - Waiver of rights void--Mutually binding agreements or voluntary dispute settlements not prohibited.

35-8A-12. Waiver of rights void--Mutually binding agreements or voluntary dispute settlements not prohibited.
Any waiver of the rights or remedies granted by this chapter is void. However, nothing in this chapter limits or prohibits suppliers and wholesalers from entering into mutually binding written agreements as defined in this chapter or to limit or prohibit good faith dispute settlements voluntarily entered into by the parties. However, no provision of any written agreement may purport to require the law of any state other than South Dakota to govern the relationship of the parties or to require wholesalers to waive the right to have disputes with their suppliers resolved in courts of competent jurisdiction in South Dakota or to require a wholesaler to waive the right to trial by jury in South Dakota.
Source:
SL 1990, ch 300, §12; SL 1999, ch 187, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 08A - Regulation Of Beer Industry Business Relationships › Section 35-8A-13 - Unreasonable amendment prohibited.

35-8A-13. Unreasonable amendment prohibited.
No supplier may require a wholesaler to assent to any amendment to a distribution agreement which is either unreasonable or not made in good faith.
Source:
SL 1990, ch 300, §13.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 08A - Regulation Of Beer Industry Business Relationships › Section 35-8A-14 - Exclusive sales territories--Designated wholesaler.

35-8A-14. Exclusive sales territories--Designated wholesaler.
Each supplier of malt beverages licensed by the state authorizing any licensee to sell its malt beverages shall sell its malt beverages through wholesale licensees of the state to retail licensees authorized under state statute, shall designate exclusive sales territories for every brand or brands sold in the state, and shall name one licensed wholesaler for sales territory who, within that territory, shall be the exclusive wholesaler for the designated brand or brands of said supplier. Such supplier shall enter into a territorial agreement, in writing, designating the exclusive territory and authorizing the sale by a designated licensed wholesaler of that brand or brands within the designated territory. Such supplier may not designate more than one wholesaler for each brand for all or any part of a designated sales territory, and the written territorial agreement may not provide for the distribution of a brand or brands to more than one licensed wholesaler for all or any part of the designated territory. No modification of either the designated sales territory or any territorial agreement is effective unless the supplier has acted in good faith and for good cause and until written notice thereof has been given by the supplier to the wholesaler. The wholesaler licensee designated as the exclusive wholesaler for a brand or brands within a designated territory shall service retail licensees within that territory without discrimination, and shall service for the purpose of quality control all of the malt beverages sold by that wholesaler to retailers within such territory.
No wholesaler may, without the prior approval of the supplier, sell that supplier's malt beverage products to any retailer whose place of business is outside of the wholesaler's designated sales territory for such products, or to any person the wholesaler knows or should know will sell or supply such products to any such retailer. Any violation of the provisions of this section shall subject the licensee to penalties and damages as set forth in Title 37.
Source:
SL 1990, ch 300, §14.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 08A - Regulation Of Beer Industry Business Relationships › Section 35-8A-15 - Application of chapter.

35-8A-15. Application of chapter.
The provisions of this chapter shall cover agreements in existence on July 1, 1990, as well as agreements entered into after July 1, 1990. Any written agreement continuous in nature or which has no specific duration or renewal provision which is in existence on July 1, 1990, shall be considered, for the purposes of this chapter, to have been renewed ninety days after July 1, 1990.
Source:
SL 1990, ch 300, §15.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 08A - Regulation Of Beer Industry Business Relationships › Section 35-8A-16 - Brand defined.

35-8A-16. Brand defined.
For purposes of this chapter, the term, brand, means any word, name, group of letters, symbol, or combination thereof, that is adopted and used by a brewer or importer to identify a specific beer product, and to distinguish that beer product from another beer product.
Source:
SL 1999, ch 187, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 08A - Regulation Of Beer Industry Business Relationships › Section 35-8A-17 - Brand extension defined.

35-8A-17. Brand extension defined.
For purposes of this chapter, the term, brand extension, means any brand that incorporates all or a substantial part of the unique features of a preexisting brand of the same brewer or importer and that relies to a significant extent on the goodwill associated with that preexisting brand.
Source:
SL 1999, ch 187, §4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 08A - Regulation Of Beer Industry Business Relationships › Section 35-8A-18 - Brand extension to be assigned wholesaler granted exclusive sales territory for preexisting brand--Exemption.

35-8A-18. Brand extension to be assigned wholesaler granted exclusive sales territory for preexisting brand--Exemption.
Any brewer or importer, who assigns a brand extension to a wholesaler, shall assign the brand extension to the wholesaler to whom the brewer or importer granted the exclusive sales territory for the brand from which the brand extension resulted. This requirement does not apply to any assignment of a brand extension to a wholesaler that was made by a brewer or importer before July 1, 1999.
Source:
SL 1999, ch 187, §5.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 08A - Regulation Of Beer Industry Business Relationships › Section 35-8A-19 - Future brand extensions to be assigned wholesaler who first had brand.

35-8A-19. Future brand extensions to be assigned wholesaler who first had brand.
If prior to July 1, 1999, a brewer or importer assigned a brand extension to a wholesaler who was not the appointed wholesaler for the brand from which the brand extension was made, then any additional brand extension shall be assigned to the wholesaler who first had the brand.
Source:
SL 1999, ch 187, §6.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 08A - Regulation Of Beer Industry Business Relationships › Section 35-8A-20 - Application of certain amended and enacted sections.

35-8A-20. Application of certain amended and enacted sections.
The 1999 amendments to §§35-8A-9 and 35-8A-12 and §§35-8A-16 to 35-8A-19, inclusive, apply to any agreement in existence as of July 1, 1999, as well as any agreement entered into after July 1, 1999. Any written agreement in existence on July 1, 1999, which is continuous in nature or which has no specific duration or renewal provision, shall be considered, for the purpose of §§35-8A-9 and 35-8A-12 and 35-8A-16 to 35-8A-19, inclusive, to have been renewed ninety days after July 1, 1999.
Source:
SL 1999, ch 187, §9.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-1 - Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.

35-9-1. Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.
It is a Class 1 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person under the age of eighteen years unless:
(1)It is done in the immediate presence of a parent or guardian or spouse, who is at least twenty-one years of age, while not on the premises of an establishment licensed for the retail sale of alcoholic beverages pursuant to §35-4-2 or at a special event for which an alcoholic beverage license has been issued; or
(2)It is done by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.
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 sale or consumption of any alcoholic beverage in violation of the provisions of this section.
Source:
SL 1939, ch 13; SL 1943, ch 14, §§1, 2; SL 1959, ch 9; SL 1959, ch 46, §§1, 2; SDC Supp 1960, §§5.0227-2, 5.9910, 13.3304; SL 1963, ch 19; SL 1965, ch 31; SDCL §26-10-3; SL 1971, ch 211, §110; SL 1972, ch 154, §19; SL 1977, ch 190, §131; SL 1984, ch 249, §3; SL 1987, ch 261, §11; SL 1990, ch 301, §1; SL 1999, ch 188, §1; SL 2010, ch 180, §35.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-1.1 - Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability.

35-9-1.1. Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability.
It is a Class 2 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person who is eighteen years of age or older but less than twenty-one years of age unless it is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.
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 sale or consumption of any alcoholic beverage in violation of the provisions of this section.
Source:
SL 1990, ch 301, §2; SL 2010, ch 180, §36.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-1.2 - Reasonable attempt to investigate age.

35-9-1.2. Reasonable attempt to investigate age.
Any person charged with a violation of §35-9-1, 35-9-1.1, or 35-12B-7, may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person.
Source:
SL 1991, ch 299; SL 2000, ch 182, §1; SL 2010, ch 180, §60; SL 2015, ch 196, §8, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-1.3 - Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred.

35-9-1.3. Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred.
No person may be convicted of illegally selling any alcoholic beverage to any underage person pursuant to §35-9-1 or 35-9-1.1, if the underage person was in possession of, and the seller relied upon, any false age-bearing identification document that was furnished to the underage person by any state agency or local law enforcement agency or any agent, employee, contractor, or associate of any state agency or local law enforcement agency for the purpose of attempting to illegally purchase any alcoholic beverage.
Source:
SL 2000, ch 183, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-1.4 - Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.

35-9-1.4. Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.
No criminal penalty may be imposed on a licensee licensed pursuant to this title if:
(1)The person making the sale in violation of §35-9-1 or 35-9-1.1 is an employee or agent of the licensee;
(2)The employee or agent does not own a controlling interest in the licensee; and
(3)The licensee or person having a controlling interest in the licensee is not present at the time of the sale.
Source:
SL 2010, ch 180, §41.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-1.5 - Fine imposed on licensee when sale does not constitute criminal offense.

35-9-1.5. Fine imposed on licensee when sale does not constitute criminal offense.
If a sale is in violation of §35-9-1 or 35-9-1.1 and does not constitute a criminal offense against the licensee, the state's attorney for the county in which the sale took place may as part of any proceeding against the person making the sale request that the court require the licensee to pay a fine in accordance with §§35-9-1.4 to 35-9-1.6, inclusive.
Source:
SL 2010, ch 180, §42.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-1.6 - Hearing on liability for furnishing alcoholic beverage to underage person--Amount of fine.

35-9-1.6. Hearing on liability for furnishing alcoholic beverage to underage person--Amount of fine.
Upon a request from the state's attorney and notice to the licensee, the court shall conduct a hearing to determine if the licensee is liable under §§35-9-1.4 to 35-9-1.6, inclusive, and upon a finding that the licensee is liable, the court may order the licensee to pay a fine not to exceed:
(1)Five hundred dollars upon the first violation within two years;
(2)Seven hundred fifty dollars upon the second violation within two years; and
(3)One thousand dollars for the third violation within two years.
Source:
SL 2010, ch 180, §43.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-2 - Purchase, possession, or consumption of beverage by person under twenty-one years prohibited--Exception--Misrepresentation of age--Violation as misdemeanor.

35-9-2. Purchase, possession, or consumption of beverage by person under twenty-one years prohibited--Exception--Misrepresentation of age--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person under the age of twenty-one years to purchase, attempt to purchase, or possess or consume alcoholic beverages except pursuant to §35-9-1.1 or when consumed in a religious ceremony and given to the person by an authorized person, or to misrepresent his or her age with the use of any document for the purpose of purchasing or attempting to purchase alcoholic beverages from any licensee licensed under this title.
Source:
SL 1949, ch 18, §§1, 2; SDC Supp 1960, §§5.0227-1, 5.9909; SL 1963, ch 16; SL 1968, ch 5; SL 1971, ch 211, §111; SL 1977, ch 190, §132; SL 1987, ch 261, §12; SL 2010, ch 180, §61.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-2.1 - Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions.

35-9-2.1. Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions.
Any merchant who is a licensee under this title, or the merchant's employee, who has reasonable grounds to believe a person under the age of twenty-one has illegally purchased, attempted to purchase, or possess alcoholic beverages or has misrepresented the person's age with the use of any document for purposes of purchasing or attempting to purchase alcoholic beverages from the merchant or the merchant's employee, may detain the person, on the premises of the merchant's establishment, in a reasonable manner and for a reasonable length of time:
(1)To request identification;
(2)To verify the identification;
(3)To make reasonable inquiry as to whether the person has violated §35-9-2;
(4)To inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; or
(5)In the case of a minor, to inform a law enforcement officer or the parents, guardian, or other private person interested in the welfare of that minor of this detention and to surrender custody of the minor to that person.
Source:
SL 2000, ch 185, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-2.2 - Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained.

35-9-2.2. Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained.
If a merchant chooses to implement the provisions of §35-9-2.1, the merchant shall conspicuously post a notice, on the merchant's premises, stating that any person who the merchant reasonably believes was under the age of twenty-one and has attempted to purchase alcoholic beverages, will be detained and surrendered to a law enforcement officer.
Source:
SL 2000, ch 185, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-2.3 - Purchase of beverage by adult for person under twenty-one as misdemeanor.

35-9-2.3. Purchase of beverage by adult for person under twenty-one as misdemeanor.
Except as provided in §§35-9-1 and 35-9-1.1, it is a Class 1 misdemeanor for any person twenty-one years of age or older to purchase or otherwise acquire alcoholic beverages from a retail establishment and to give or resell the alcoholic beverages to any person under the age of twenty-one years.
Source:
SL 2000, ch 184, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-2.4 - Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance.

35-9-2.4. Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance.
No person may be arrested or prosecuted for any misdemeanor offense of underage consumption, open container, or public intoxication, arising out of underage consumption of alcohol if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance due to alcohol consumption and that person:
(1)Assists the person in need of emergency medical assistance until assistance arrives; and
(2)Remains and cooperates with medical assistance and law enforcement personnel on the scene.
Source:
SL 2016, ch 191, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-2.5 - Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance.

35-9-2.5. Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance.
No person under the age of twenty-one years may be prosecuted for any misdemeanor offense of underage consumption, open container, or public intoxication, arising out of underage consumption of alcohol if that person contacts law enforcement or emergency medical services and reports that he or she is in need of medical assistance due to alcohol consumption and that person remains and cooperates with medical assistance and law enforcement personnel on the scene.
Source:
SL 2016, ch 191, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-4.1 - Legislative intent and purpose for raising minimum drinking age.

35-9-4.1. Legislative intent and purpose for raising minimum drinking age.
The South Dakota Legislature enacts chapter 261 of the 1987 Session Laws to raise the state's minimum drinking age to twenty-one years of age solely under the duress of a funding sanction imposed by the United States Department of Transportation under 23 U.S.C §158. The Legislature strongly objects to being forced to choose between loss of highway construction funds, which are badly needed to construct priority road projects to promote the public health and safety of the state's inhabitants and visitors, and loss of its right to set its own drinking age. The action taken by this Legislature shall not be construed as a concession or waiver of its constitutional right to establish at what age an individual may lawfully purchase, possess, and consume alcoholic beverages. Rather, it is taken to ensure that South Dakota is not penalized while it challenges in the United States Supreme Court the federal government's attempt to usurp the state's right to regulate the drinking age of its citizens. This legislation is enacted with the expressed intent of providing the South Dakota attorney general the maximum flexibility to pursue South Dakota's challenge to the federal government's intrusion into a right reserved to the state while ensuring the full availability of federal highway funds for the 1988 construction season. It is the intent of this Legislature that if at any time before or after the effective date of this legislation the provisions of 23 U.S.C §158 are repealed, expired or declared invalid by the United States Supreme Court, the provisions of this legislation shall become null and void and any provision repealed by SL 1987, ch 261 shall be revived pursuant to §2-14-19.
Source:
SL 1987, ch 261.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-6 - Determination of venue when minor apprehended for purchase, possession, or consumption of alcoholic beverage.

35-9-6. Determination of venue when minor apprehended for purchase, possession, or consumption of alcoholic beverage.
In any arrest, citation, or prosecution arising from a violation of §35-9-2, if the person is apprehended for:
(1)The purchase or attempted purchase of alcoholic beverages, the venue is the locality where the purchase or attempted purchase occurred;
(2)The possession or consumption of alcoholic beverages, the venue is the locality where the person was apprehended or any other locality where the person possessed or consumed any portion of the alcoholic beverages.
Source:
SL 2000, ch 186, §1; SL 2001, ch 197, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-6.1 - Determination of venue in juvenile adjudication arising from purchase, possession, or consumption of alcoholic beverage.

35-9-6.1. Determination of venue in juvenile adjudication arising from purchase, possession, or consumption of alcoholic beverage.
In any juvenile adjudication arising from a violation of §35-9-2, if the person is apprehended for:
(1)The purchase or attempted purchase of alcoholic beverages, the venue is the locality where the purchase or attempted purchase occurred or the juvenile's county of residence;
(2)The possession or consumption of alcoholic beverages, the venue is the locality where the juvenile was apprehended or any other locality where the juvenile possessed or consumed any portion of the alcoholic beverages or the juvenile's county of residence.
Source:
SL 2001, ch 197, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-7 - Driver's license suspension or restriction for certain violations.

35-9-7. Driver's license suspension or restriction for certain violations.
If the conviction or adjudication for a violation of §35-9-1.1 or 35-9-2 is for a first offense, the court may, in addition to any other penalty allowed by law, order the suspension of the person's driving privileges for a period not less than thirty days and not to exceed one year. Moreover, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school or to court-ordered counseling programs during the hours of the day and the days of the week set forth in the order. The court may also restrict the privilege in some other manner as the court may see fit for a period not to exceed one year.
If the conviction or adjudication for a violation of §35-9-1.1 or 35-9-2 is for a second or subsequent offense, the court may, in addition to any other penalty allowed by law, order the suspension of the person's driving privileges for a period not less than sixty days and not to exceed one year. Moreover, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school or to court-ordered counseling programs during the hours of the day and the days of the week set forth in the order. The court may also restrict the privilege in some other manner as the court may see fit for a period not to exceed one year.
Source:
SL 2000, ch 177, §2; SL 2001, ch 174, §2; SL 2002, ch 174, §1; SL 2012, ch 192, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-8 - Driver's license revocation for certain violations.

35-9-8. Driver's license revocation for certain violations.
If the conviction or adjudication for a violation of §35-9-1 is for a first offense, the court shall, in addition to any other penalty allowed by law, order the revocation of the defendant's driving privileges for a period not less than thirty days and not to exceed one year. However, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school or to court-ordered counseling programs during the hours of the day and the days of the week set forth in the order. The court may also restrict the privilege in such manner as it sees fit for a period not to exceed one year.
If the conviction or adjudication for a violation of §35-9-1 is for a second or subsequent offense, the court shall, in addition to any other penalty allowed by law, order the revocation of the defendant's driving privileges for a period not less than sixty days and not to exceed one year.
Source:
SL 2001, ch 174, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-9 - Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor.

35-9-9. Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor.
No person, acting as a social host, may, knowingly, permit any person under the age of eighteen to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of this section is a Class 1 misdemeanor.
Source:
SL 2014, ch 177, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-10 - Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty--Misdemeanor.

35-9-10. Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty--Misdemeanor.
No person, acting as a social host, may, knowingly, permit any person aged eighteen, nineteen, or twenty to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of this section is a Class 2 misdemeanor.
Source:
SL 2014, ch 177, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-11 - Defense available to social host.

35-9-11. Defense available to social host.
It is a defense against a conviction for a violation of §§35-9-9 and 35-9-10 that, immediately upon learning of the illegal consumption, the social host or an agent of the social host took effective and appropriate action to stop the illegal consumption and to secure or to attempt to secure the contraband alcoholic beverages.
Source:
SL 2014, ch 177, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-12 - Social host's lack of physical presence not a defense.

35-9-12. Social host's lack of physical presence not a defense.
It is not a defense of a violation of §§35-9-9 and 35-9-10 that the social host was not physically present on or at the premises if the social host knew that illegal consumption of alcoholic beverages would occur in his or her absence.
Source:
SL 2014, ch 177, §4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 09 - Age Requirements For Consumption Of Beverages › Section 35-9-13 - Social host defined.

35-9-13. Social host defined.
For purposes of §§35-9-9 to 35-9-12, inclusive, the term, social host, means anyone who hosts a social gathering and knowingly condones the illegal consumption of alcohol by underage persons on property that the host controls.
Source:
SL 2014, ch 177, §5.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-1 - Promulgation of rules.

35-10-1. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, regarding the following matters involving the sale, purchase, distribution, and licensing of alcoholic beverages under this title:
(1)The marking of bottles, cans, and other containers of alcoholic beverages showing the quantity of alcohol by weight and contents of the container;
(2)The invoicing of alcoholic beverages to licensees;
(3)Advertising and the offering of inducements by manufacturers and wholesalers to retailers or retailers to the consumer and may adopt the uniform code on advertising in whole or in part;
(4)The giving of samples by manufacturer and wholesaler licensees;
(5)The conduct of hearings for the suspension or revocation of licenses;
(6)The prohibition of discriminatory or unfair practices and the preclusion of subterfuges for the accomplishment of discrimination, including the filing and amendment of price schedules, preservation and conformity to price schedules, limitation of quantity discounts, extensions of credit by manufacturers or wholesalers to retail licensees, prohibiting cash discounts, commercial bribery, prescribing certain types of advertising specialties as being allowable, prohibiting unfair trade practices, requiring sale and delivery in its entirety, prohibiting participation in a violation by any class licensee or foreign dealer, prescribing periods of audit of licensees, limiting advertising that has a utility value to the retailers, prescribing rules for the miscellaneous disposition of liquor as gifts by manufacturers and wholesalers or breakage claimed by manufacturers or wholesalers;
(7)The reporting of information by corporations licensed under this title or seeking to be licensed under this title relating to the full disclosure of corporate information including stockholders, other licenses held, providing for hearing in the case of voluntary transfer and requiring report in case of involuntary transfers of stock;
(8)Bottle sizes of alcoholic beverages offered for sale. However, the department may not place any restrictions upon the distribution of 1.75 liter containers to any on-sale licensee, licensed pursuant to subdivision 35-4-2(4) or (6);
(9)Requiring licensees to furnish breakdowns and statistical information of various types of alcoholic beverages sold to consumers or to retail licensees for the consumers' use;
(10)The application, determination, and computation of the tax; and
(11)The determination of purchase price.
Source:
SL 1965, ch 20; SL 1971, ch 211, §113; revised pursuant to SL 1972, ch 15, §4; SL 1987, ch 82, §52; SL 1995, ch 53, §12; SL 2010, ch 187, §1; SL 2018, ch 213, §128.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-4 - Subpoena and administration of oaths by secretary.

35-10-4. Subpoena and administration of oaths by secretary.
For the purposes of any hearing provided for by this title, the secretary may exercise the powers granted by §1-26-19.1.
Source:
SDC 1939, §5.0102; revised pursuant to SL 1972, ch 15, §4; SL 2010, ch 180, §62.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-8 - Enforcement and collection of cost penalties assessed for violations.

35-10-8. Enforcement and collection of cost penalties assessed for violations.
Any cost penalty provided for by this title shall be included in the judgment of conviction and has all the force and effect of a judgment in a civil action. If the person against whom the cost penalty is assessed has furnished a bond as a licensee under this title, the surety is liable for the cost penalty. The cost penalty may be paid by the defendant to the clerk of the court that rendered the judgment in which the cost penalty was assessed. The payment shall operate as a satisfaction of the portion of the judgment relating to the cost penalty and shall be entered upon the judgment record accordingly. If not paid to the clerk, the judgment for the cost penalty shall be enforced by execution or other process, the same as any civil judgment. The clerk or any officer collecting the cost penalty shall, without delay, transmit the cost penalty to the state treasurer with a statement giving full information as to the source of the cost penalty. The state treasurer shall issue a receipt for the cost penalty to the person transmitting the cost penalty.
Source:
SDC 1939, §5.9901; SL 2008, ch 37, §193; SL 2010, ch 180, §63; SL 2011, ch 176, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-9 - Notice of convictions mailed to local and state licensing authorities.

35-10-9. Notice of convictions mailed to local and state licensing authorities.
If any licensed dealer in alcoholic beverages or the dealer's agent or employee is convicted of:
(1)A violation of any provision of this title, or any law or ordinance regulating the sale of alcoholic beverages; or
(2)Any violation of law or ordinance in the operation of the licensed premises,
the court or magistrate shall, within ten days after the conviction, mail a written notice of conviction to the finance officer of the municipality or the county auditor of the county having jurisdiction to approve alcoholic beverage licenses for the premises. A copy of the notice shall also be mailed to the department.
Source:
SL 1961, ch 18; SL 1974, ch 55, §36; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2008, ch 37, §194; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2018, ch 213, §131.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-11 - Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal.

35-10-11. Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal.
Any alcoholic beverage used or possessed in violation of provisions of this title constitutes contraband goods, and is subject to confiscation as provided in this chapter. Any judgment of conviction of illegal use or possession against the person from whom the beverages were taken constitutes a confiscation of the beverages unless the beverages, within twenty days after the judgment, are claimed by some other person who establishes to the satisfaction of the court that the person is the true owner and had no participation in the illegal use or possession. If prosecution on any such charge terminates in a dismissal of the charge, any such beverages, if previously seized, shall be returned to the owner.
Source:
SDC 1939, §5.0122; SL 1971, ch 211, §115; SL 2008, ch 37, §196.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-12 - Application by officer for judicial determination as to beverages--Notice of time and place of hearing.

35-10-12. Application by officer for judicial determination as to beverages--Notice of time and place of hearing.
If there is no dismissal of prosecution or no judgment of conviction of illegal use or possession of alcoholic beverages, any officer seizing the beverages may apply to the court that issued the search warrant under which the beverages were seized, or if the beverages were not seized under a search warrant, to any court of record for the county where the beverages were seized, for an order determining whether the beverages were, in fact, possessed or used in violation of the provisions of this title. The court shall thereupon make an order fixing a time and place for hearing and providing for reasonable notice of the hearing to the person from whom the beverages were seized and to any probable claimant of the beverages. If the person or claimant is unknown, the notice may be by posting or publication as the court directs.
Source:
SDC 1939, §5.0122; SL 2008, ch 37, §197.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-13 - Determination as to status of beverages seized--Order for return to owner or confiscation.

35-10-13. Determination as to status of beverages seized--Order for return to owner or confiscation.
Upon hearing, the court shall determine whether alcoholic beverages seized were in fact used or possessed in violation of provisions of this title. If the court finds there was no such illegal use or possession, the court shall order the beverages returned to or held for the owner of the beverages. If the court determines that there was use or possession in violation of provisions of this title, the court shall adjudge the confiscation of the beverages.
Source:
SDC 1939, §5.0122; SL 2008, ch 37, §198.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-14 - Report of beverages confiscated--Destruction of unsalable beverages.

35-10-14. Report of beverages confiscated--Destruction of unsalable beverages.
Upon any adjudication in any form of confiscation of alcoholic beverages, the officer having custody of the beverages shall make a full report to the secretary setting forth the quantity, kind, and probable value of the beverages. If the beverages are of such character that the beverages cannot lawfully be sold, or are of insufficient value to justify an attempted sale, the secretary shall order the beverages destroyed. The officer in custody of the beverages shall comply with the order and shall report to the secretary that the order has been carried out.
Source:
SDC 1939, §5.0122; SL 2008, ch 37, §199; SL 2010, ch 180, §64.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-15 - Custody and storage of salable confiscated beverages.

35-10-15. Custody and storage of salable confiscated beverages.
If confiscated alcoholic beverages are lawfully salable, and of sufficient value to justify an attempted sale, the secretary shall take custody of the alcoholic beverages, and shall, pending sale, store the beverages at any convenient and safe place.
Source:
SDC 1939, §5.0122; SL 2008, ch 37, §200; SL 2010, ch 180, §58.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-16 - Sale by secretary of confiscated beverages--Disposition of proceeds.

35-10-16. Sale by secretary of confiscated beverages--Disposition of proceeds.
If confiscated alcoholic beverages accumulate in sufficient quantities, the secretary shall notify all licensed wholesalers as to kinds and types of alcoholic beverages in the secretary's custody for sale. The secretary shall receive bids, and sales shall be made on the basis of the bids as the secretary deems advantageous to the state. All proceeds of any such sale by the secretary shall be deposited with the state treasurer and credited to the general fund.
Source:
SDC 1939, §5.0122; SL 2008, ch 37, §201; SL 2010, ch 180, §59.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-17 - Place used for violation of beverage laws as common nuisance--Maintenance as misdemeanor.

35-10-17. Place used for violation of beverage laws as common nuisance--Maintenance as misdemeanor.
Any structure, conveyance, or place where alcoholic beverages are manufactured, sold, kept, bartered, given away, found, consumed, or used in violation of the laws of the state, relating to alcoholic beverages, and all alcoholic beverages and property kept and used in maintaining the same, is hereby declared to be a common nuisance, and any person who maintains such a common nuisance is guilty of a Class 1 misdemeanor.
Source:
SL 1939, ch 15, §1; SL 1943, ch 13; SDC Supp 1960, §5.0114-2; SL 1971, ch 211, §116; SL 1977, ch 190, §135.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-18 - Lien against place of violation for fines and costs assessed--Enforcement of lien.

35-10-18. Lien against place of violation for fines and costs assessed--Enforcement of lien.
If a person has knowledge or reason to believe that the person's structure, conveyance, or place is occupied or used for the manufacture, sale, bartering, giving away, keeping, consuming, or using of alcoholic beverages, contrary to the provisions of the laws of the state, and if the person allows the structure, conveyance, or place to be so occupied or used, the structure, conveyance, or place is subject to a lien for and may be sold to pay all fines and costs assessed against the person guilty of such nuisance for such violation. Any such lien may be enforced by action in any court having jurisdiction.
Source:
SL 1939, ch 15, §1; SL 1943, ch 13; SDC Supp 1960, §5.0114-2; SL 1971, ch 211, §117; SL 2008, ch 37, §202.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-19 - Action to enjoin nuisance--Bond not required.

35-10-19. Action to enjoin nuisance--Bond not required.
An action to enjoin any nuisance, as defined in §35-10-17, may be brought in the name of the State of South Dakota by the attorney general or by the state's attorney of the county in which the property constituting the nuisance is located. Any action to abate or to enjoin the nuisance may be commenced and conducted as other actions or proceedings for injunction. However, the complaint or affidavit used may be made on information and belief and no bond is required in instituting the proceedings or to secure the issuance of any such injunction.
Source:
SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 2008, ch 37, §203.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-20 - Action secured against premises--Parties defendant.

35-10-20. Action secured against premises--Parties defendant.
An action pursuant to §35-10-19 may be maintained in any court having jurisdiction over such an action. An injunction may be secured against the premises in which the nuisance exists and against any person, partnership, club, association, or corporation, either severally or jointly, who, as owner, tenant, agent, keeper, servant, employee, or manager of any place or premises where the nuisance is created, kept, or maintained, allows the nuisance to exist or continue in any place or on any premises owned, managed, controlled, or occupied by the person, partnership, club, association, or corporation.
Source:
SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 2008, ch 37, §204.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-21 - Temporary injunction in action to enjoin nuisance.

35-10-21. Temporary injunction in action to enjoin nuisance.
If, in an action pursuant to §35-10-19, it is made to appear by affidavits or otherwise, to the satisfaction of the court, or judge in vacation, that a nuisance exists, a temporary writ of injunction shall be issued, restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial. If a temporary injunction is sought, the court may issue an order restraining the defendant and all other persons from removing, or in any way interfering, with the alcoholic beverages or fixtures, or other things used in connection with the violation of the laws of this state constituting the nuisance.
Source:
SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 2018, ch 213, §132.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-22 - Order prohibiting manufacture, sale or storage of beverages and occupancy of place of violation.

35-10-22. Order prohibiting manufacture, sale or storage of beverages and occupancy of place of violation.
It is not necessary in an action pursuant to §35-10-19 for the court to find the property involved was being unlawfully used as described in §35-10-17 at the time of the hearing. However, on finding that the material allegations of the petition are true, the court shall order that no alcoholic beverages may be manufactured, sold, bartered, or stored in the structure, conveyance, or place. Upon judgment of the court ordering the nuisance to be abated, the court may order that the structure, conveyance, or place not be occupied or used for one year thereafter.
Source:
SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 1971, ch 211, §118; SL 2008, ch 37, §205.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-23 - Bond to secure occupancy of place of violation--Conditions.

35-10-23. Bond to secure occupancy of place of violation--Conditions.
Notwithstanding §35-10-22, the court may permit the structure, conveyance, or place to be occupied or used if the owner, lessee, tenant, or occupant of the structure, conveyance, or place gives bond with sufficient surety, to be approved by the court making the order, in the penal and liquidated sum of not less than five hundred dollars nor more than one thousand dollars. The bond shall be payable to the state and conditioned that alcoholic beverages may not thereafter be manufactured, sold, bartered, kept, or otherwise disposed of in or on the structure, conveyance, or place, and that the owner, lessee, tenant, or occupant will pay all fines, costs, and damages that may be assessed for any violation of law relating to alcoholic beverages upon the property.
Source:
SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 1971, ch 211, §119; SL 2008, ch 37, §206.