reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-6.4 - Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor.

35-2-6.4. Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor.
No manufacturer or wholesaler licensee under this title nor any officer, director, stockholder, agent, or employee thereof or any relative of the licensee, officer, director, stockholder, agent, or employee may be in any way financially interested, either directly or indirectly, or participate in the operation of the business of any retailer licensee other than by reason of sales to the licensee. A retailer who is a party to any action prohibited by this section is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §§5.0118, 5.0242 (1) as enacted by SL 1947, ch 22; SL 1949, ch 16; SDCL §§35-4-53, 35-8-11; SL 1971, ch 211, §27; SL 1985, ch 290; SL 1991, ch 298, §2; SL 1992, ch 158, §56; SL 2018, ch 213, §24; SL 2019, ch 162, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-6.8 - Manufacturers and wholesalers permitted to pour or serve at certain events.

35-2-6.8. Manufacturers and wholesalers permitted to pour or serve at certain events.
Notwithstanding the provisions of §35-2-6.4 or 35-4-52, a licensed manufacturer or wholesaler may pour or serve alcoholic beverages at an event conducted by any civic, charitable, educational, fraternal, or veterans organization licensed pursuant to §35-4-124.
Source:
SL 2017, ch 165, §1, eff. Mar. 14, 2017; SL 2018, ch 217, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-6.9 - Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers.

35-2-6.9. Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers.
Notwithstanding the provisions of §35-2-6.4 or 35-4-52, a manufacturer, wholesaler, or an agent of a manufacturer or wholesaler may enter into a sponsorship or advertising agreement with a retailer who is a civic, charitable, educational, fraternal, or veterans organization licensed pursuant to §35-4-124, a public entity as defined by §3-21-1, or an operator of property owned by a public entity for advertising at or sponsorship of property owned by the public entity.
Source:
SL 2018, ch 218, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-6.10 - Manufacturers and wholesalers permitted to donate beverages to certain licensees.

35-2-6.10. Manufacturers and wholesalers permitted to donate beverages to certain licensees .
Notwithstanding the provisions of §35-2-6.4 or 35-4-52, a manufacturer or wholesaler may donate alcoholic beverages to any civic, charitable, educational, fraternal, or veterans organization licensed pursuant to §35-4-124.
Source:
SL 2018, ch 217, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-7 - Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee.

35-2-7. Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee.
Any license granted under this title may be transferred to a new location or to another person. If the transfer is to another person, the licensee shall show in writing, under oath, that the licensee has made a bulk sale of the business operated under the license. The bulk sale may be conditioned upon the granting of a transfer of the license. The transferee shall make an application exactly as an original applicant, and the application shall be acted upon in the same manner as an original application. No transfer of any license to another person may be granted until all taxes incurred by the transferor as a result of the operation of the licensed premises, including municipal and state sales and use taxes, state reemployment assistance or unemployment insurance tax, or any other state tax, are paid or are not delinquent. No transfer of any license to another person may be granted until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No transfer of any license may be granted from an Indian tribe operating in Indian country controlled by the Indian tribe or from an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until all use tax incurred as a result of the operation of the licensed premises by nonmembers, and any other state tax, has been remitted or is not delinquent. If the transfer is to a new location, the licensee shall make application showing all the relevant facts for the new location. The application shall be acted upon in the same manner as an original application. If a license is transferred, a fee of one hundred fifty dollars is required to continue the unexpired portion of the license.
Source:
SDC 1939, §5.0110; SL 1939, ch 11; SL 1980, ch 251, §2; SL 1982, ch 269; SL 1990, ch 293, §1; SL 2006, ch 191, §1; SL 2018, ch 213, §27; SL 2019, ch 216, §35.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-8 - Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued.

35-2-8. Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued.
If an individual licensee under this title dies, the personal representative of the deceased licensee may succeed to all of the rights of the deceased licensee under the license. By operating under the license, the personal representative agrees to all of the terms and conditions of the license and is subject to all of the liabilities and responsibilities of the licensee. Any bond executed under this title includes the personal representative as a principal if the license passes to the personal representative.
Source:
SDC 1939, §5.0116; SL 1971, ch 211, §17; SL 2008, ch 37, §146; SL 2018, ch 213, §28.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-9 - Sale of stock in trade on termination of license.

35-2-9. Sale of stock in trade on termination of license.
Any licensee authorized to deal in alcoholic beverages, upon termination of the license, may at any time within thirty days after the termination of the license sell the whole or any part of the alcoholic beverages included in the licensee's stock in trade at the time of the termination to any wholesaler licensed to sell the alcoholic beverages purchased.
Source:
SDC 1939, §5.0106; SL 2008, ch 37, §147; SL 2010, ch 180, §13; SL 2018, ch 213, §29.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-10 - Violation as ground for revocation or suspension of license--Multiple licenses.

35-2-10. Violation as ground for revocation or suspension of license--Multiple licenses.
The secretary, in compliance with chapter 1-26, may revoke or suspend any license issued under this title upon proof of violation by the licensee, by the licensee's agents or employees, or by the manager or contractual operators of retail establishments and their agents or employees operating under a county or municipal license, of any of the following:
(1)Any provision of this title;
(2)Any rule promulgated pursuant to this title; or
(3)Any ordinance or regulation relevant to alcoholic beverage control adopted by the political subdivision issuing the license.
For any licensee with multiple alcoholic beverage licenses for the same premises, upon suspension or revocation of any license pursuant to this title, the licensee shall cease operation under all alcoholic beverage licenses held by the licensee for the same premises for the same period as the suspension or revocation.
Source:
SDC 1939, §5.0104; SL 1971, ch 211, §18; revised pursuant to SL 1972, ch 15, §4; SL 1993, ch 264; SL 2008, ch 37, §148; SL 2010, ch 180, §14; SL 2015, ch 196, §25, eff. Jan. 1, 2016; SL 2018, ch 213, §30.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-10.1 - Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty.

35-2-10.1. Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty.
No retail license may be revoked or suspended because of a violation of any statute, ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person under the age of twenty-one years if the violation was committed by an employee or agent of the licensee and the licensee has not had more than two violations of any statute, ordinance, rule, or regulation prohibiting the sale or service of an alcoholic beverage to a person under the age of twenty-one years on the premises where the violation occurred in the previous twenty-four months.
If the licensee meets the requirements of the conditions of this section, the secretary shall impose a civil penalty of five hundred dollars for a first violation and one thousand dollars for a second violation. However, if the employee or agent has not been certified by a nationally recognized training program approved by the department that provides instruction on techniques to prevent persons under the age of twenty-one years from purchasing or consuming alcoholic beverages, the secretary shall impose a civil penalty of one thousand dollars for a first violation and two thousand dollars for a second violation.
A licensee may request an administrative hearing pursuant to chapter 1-26 to contest the imposition of a civil penalty.
Source:
SL 2000, ch 177, §1; SL 2003, ch 189, §1; SL 2005, ch 198, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2018, ch 213, §31.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-10.2 - Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction.

35-2-10.2. Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction.
The department shall maintain on its public internet website, a directory listing all nationally recognized training programs that are approved by the department. Any licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has the burden of proof to show that the licensee's employees have attended an approved alcohol training program to be eligible for any reduction in the penalty imposed for the violation.
Source:
SL 2005, ch 197, §1; SL 2018, ch 213, §32.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-10.3 - Compliance checks of prohibited alcohol sales to persons under age twenty-one.

35-2-10.3. Compliance checks of prohibited alcohol sales to persons under age twenty-one.
Any enforcement entity that conducts compliance checks using underaged informants to determine if a licensee will sell an alcoholic beverage to a person under the age of twenty-one shall inform the licensee in writing of the results of any compliance check within forty-eight hours after the compliance check takes place. No licensed premises may be subject to more than one compliance check within a forty-eight hour period.
Source:
SL 2005, ch 198, §1; SL 2018, ch 213, §33.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-11.1 - Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary.

35-2-11.1. Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary.
The governing body of a municipality or county may recommend to the secretary following a hearing that any license issued under this title be suspended or revoked for violation of any of the provisions of this title or for violations of any ordinance or regulation of the governing body relevant to alcoholic beverage control that occurs on the premises of the licensee. Upon receipt of the recommendation, the secretary shall proceed as provided in §§35-2-10 and 35-2-21.
Source:
SL 1977, ch 287, §1; SL 2010, ch 180, §15; SL 2018, ch 213, §34.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-11.2 - Notice of hearing prior to local governing body's recommendation of suspension or revocation.

35-2-11.2. Notice of hearing prior to local governing body's recommendation of suspension or revocation.
Any action taken by the governing body of a municipality or county pursuant to §35-2-11.1 shall be preceded by notification to the licensee, at the address given on the license, at least thirty days in advance of the date set for public hearing. Notice of public hearing shall be published in the official newspaper of the municipality or county at least one week before the hearing in a form approved by the governing body.
Source:
SL 1977, ch 287, §2; SL 1992, ch 60, §2; SL 2018, ch 213, §35.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-12 - Investigation--Revocation or suspension proceedings.

35-2-12. Investigation--Revocation or suspension proceedings.
If the secretary receives information of a violation by any licensee of any provision of this title, the secretary shall investigate the alleged violation. If there is substantial evidence to support that a violation of any provision of this title has occurred, the secretary shall proceed in accordance with the provisions of §§35-2-10, 35-2-10.1, and 35-2-21.
Source:
SDC 1939, §5.0104; SL 1971, ch 211, §19; SL 2008, ch 37, §149; SL 2018, ch 213, §36; SL 2021, ch 49, § 15.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-13 - Right to hearing on action on application or license.

35-2-13. Right to hearing on action on application or license.
An applicant or licensee under this title or any interested person or governing body has a right to a hearing in relation to any action taken upon the application or license. The hearing shall be held in the county where the license has been applied for or issued under the provisions of chapter 1-26. However, if the parties agree, a hearing to determine whether the secretary may suspend or revoke a license may be held at a location other than the county where the license has been applied for or issued.
Source:
SDC 1939, §5.0104; SDCL §35-2-18; SDCL §35-2-13 as enacted by SL 1971, ch 211, §20; SL 2001, ch 193, §1; SL 2010, ch 180, §16; SL 2018, ch 213, §37.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-19 - Termination of rights after revocation of license.

35-2-19. Termination of rights after revocation of license.
Upon service of notice of a decision or order for revocation of the license on the licensee, all of the licensee's rights under the license terminate, except in the event of a stay on appeal.
Source:
SDC 1939, §5.0104; SL 1971, ch 211, §21; SL 2008, ch 37, §150; SL 2018, ch 213, §38.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-20 - Waiting period for new license after revocation--Application by relatives or employees.

35-2-20. Waiting period for new license after revocation--Application by relatives or employees.
No licensee under this title, whose license is revoked, may be granted any license under this title for one year after the revocation. If any relative of any such former licensee or any of the former licensee's employees or former employees, applies for any such license before the one-year period has elapsed, the license may be granted only upon affirmative and satisfactory proof that the former licensee has no interest in the business.
Source:
SDC 1939, §5.0119; SL 1971, ch 211, §22; SL 2008, ch 37, §151; SL 2010, ch 180, §17.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-21 - Suspension in lieu of revocation of license--Maximum period--Compromise settlement.

35-2-21. Suspension in lieu of revocation of license--Maximum period--Compromise settlement.
If a violation is established in any proceeding under this title, but the secretary determines due to the nature and the circumstances of the violation, a suspension of the license is adequate, the secretary may, instead of revoking the license, suspend the license for a period not exceeding sixty days. During the period of the suspension, the licensee may not exercise any rights or privileges under the license. The secretary may, in lieu of suspending or revoking the license, accept a monetary settlement of any proceeding under this title. The amount of the settlement may not exceed seventy-five thousand dollars. The secretary may also recover the actual costs of investigation and prosecution.
Source:
SDC 1939, §5.0104; SL 1971, ch 211, §23; SL 1991, ch 296; SL 2008, ch 37, §152; SL 2010, ch 180, §18; SL 2015, ch 196, §24, eff. Jan. 1, 2016; SL 2018, ch 213, §39.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-24 - Requirements for reissuance of license.

35-2-24. Requirements for reissuance of license.
No license granted under this title may be reissued until all taxes incurred by the licensee as a result of the operation of the licensed premises, including municipal and state sales and use taxes, state reemployment assistance or unemployment insurance tax, or any other state tax, are paid or are not delinquent. No license granted under this title may be reissued until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No license granted under this title may be reissued to an Indian tribe operating in Indian country controlled by the Indian tribe or to an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until the Indian tribe or enrolled tribal member remits to the Department of Revenue all use tax incurred by nonmembers as a result of the operation of the licensed premises, and any other state tax has been remitted or is not delinquent.
Source:
SL 1990, ch 293, §2; SL 2006, ch 191, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2019, ch 216, §36.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-25 - Sales or use tax licenses.

35-2-25. Sales or use tax licenses.
No license granted pursuant to this title may be issued unless the applicant has first obtained a sales tax license pursuant to chapter 10-45, if applicable, or a use tax license pursuant to chapter 10-46, if applicable.
Source:
SL 1994, ch 284; SL 2006, ch 191, §3, eff. Jan. 1, 2007; SL 2010, ch 180, §19; SL 2011, ch 172, §2; SL 2018, ch 213, §40.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 02 - Licensing Policies And Procedures › Section 35-2-26 - Licensees or employees charged with certain felonies may be prohibited from licensed premises.

35-2-26. Licensees or employees charged with certain felonies may be prohibited from licensed premises.
Any licensee or employee of a licensee who is charged with a felony offense involving a minor, a crime of violence pursuant to subdivision 22-1-2(9), or a felony drug-related offense on the licensed premises may, as a condition of bond, be prohibited from entering onto the licensed premises.
Source:
SL 2012, ch 191, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-1 - Police power of municipality--Territorial jurisdiction.

35-3-1. Police power of municipality--Territorial jurisdiction.
Any incorporated municipality may provide by ordinance for police supervision and enforcement of the provisions of this title as to any licensee who operates within one mile of the territorial limits of the municipality.
Source:
SDC 1939, §5.0108 (4); SL 2008, ch 37, §153.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-6 - Municipalities and townships to which local option provisions apply.

35-3-6. Municipalities and townships to which local option provisions apply.
The term, municipality, as used in §§35-3-7 to 35-3-27, inclusive, includes any incorporated municipality and any organized township in which an unincorporated town is situated.
Source:
SDC 1939, §5.0231; SL 1972, ch 199; SL 2008, ch 37, §154.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-7 - Questions subject to local option--On-sale licensing--Municipality procuring license.

35-3-7. Questions subject to local option--On-sale licensing--Municipality procuring license.
Any municipality may, by vote of its electors, as provided in §§35-3-8 to 35-3-23, inclusive, determine whether or not alcoholic beverages, except malt beverages, may be sold within the municipality by on-sale dealers. The municipality may also in the same manner determine whether the municipality shall procure a license or licenses for the sale of alcoholic beverages, except malt beverages, at retail, or, if the municipality is engaged in such a business, whether the license or licenses shall be renewed.
Source:
SDC 1939, §5.0232; SL 1971, ch 211, §30; SL 1987, ch 261, §4; SL 2008, ch 37, §155.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-8 - Petition for election on local option--Number of signers required--Filing.

35-3-8. Petition for election on local option--Number of legal voters required--Filing.
Fifteen percent of the legal voters residing in a municipality may petition for a special election to determine any question subject to local option pursuant to §35-3-7. If a municipality has a mayor, the number of legal voters is the total number voting in the last preceding election of a mayor, and in other municipalities the number of legal voters is the total number voting in the last preceding regular municipal or township election. The petition shall set forth the question the petitioners submitted, and shall be filed with the city finance officer or township clerk.
Source:
SDC 1939, §5.0233; SL 2018, ch 213, §41.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-9 - Election laws applicable to local option elections.

35-3-9. Election laws applicable to local option elections.
Except as otherwise expressly provided in this chapter, the form of a petition under §35-3-8, the manner of calling the election, the provision of notice of the election, the conduct of the election, and the canvass and return of votes shall be as set forth by the provisions of this code relative to elections in incorporated municipalities for referred or initiated ordinances. However, for such elections in organized townships, the election shall be called, notice of the election given, and the election held as set forth in the provisions of this code relative to special township meetings.
Source:
SDC 1939, §5.0233; SL 2008, ch 37, §156.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-10 - Form of question on permitting on-sale licenses.

35-3-10. Form of question on permitting on-sale licenses.
The form of submitting the question of whether alcoholic beverages, except malt beverages, are to be sold within the municipality by on-sale dealers, to be voted upon at a special election pursuant to §§35-3-8 and 35-3-9, shall be "Shall on-sale licenses be permitted within this municipality?"
Source:
SDC 1939, §5.0234 (1); SL 1971, ch 211, §31; SL 1987, ch 261, §5.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-11 - On-sale licenses permitted when approved by voters--Termination of licenses when disapproved.

35-3-11. On-sale licenses permitted when approved by voters--Termination of licenses when disapproved.
If, at the election on the question specified in §35-3-10, the majority vote is in the affirmative, on-sale licenses to operate in the municipality may be granted. If the majority vote on the question is in the negative, all on-sale licenses are terminated thirty days after the canvass of the vote. Nothing in this section precludes the question required by §35-3-10 from being resubmitted in any subsequent election after the waiting period required by §35-3-26.
Source:
SDC 1939, §5.0236; SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 2008, ch 37, §157; SL 2018, ch 213, §42.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-12 - Form of questions on procurement of license by municipality.

35-3-12. Form of questions on procurement of license by municipality.
The form of submitting the question of whether the municipality is to procure a license or licenses for sale of alcoholic beverages, except malt beverages, to be voted upon at a special election pursuant to §§35-3-8 and 35-3-9, shall be:
(1)"Shall an off-sale license for the sale of alcoholic beverages, except malt beverages, be issued to ________ (naming the municipality or organized township)?"
(2)"Shall an on-sale license for the sale of alcoholic beverages, except malt beverages, be issued to ________ (naming the municipality or organized township)?"
Source:
SDC 1939, §5.0234 (2); SL 1959, ch 10, §1; SL 1971, ch 211, §32; SL 1987, ch 261, §6.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-13 - Procurement of license by municipality when approved by voters--Termination of other licenses.

35-3-13. Procurement of license by municipality when approved by voters--Termination of other licenses.
If the majority vote is in the affirmative on the election question provided in subdivisions 35-3-12(1) and (2), the governing body of the municipality shall make application for the license or licenses. The application or applications shall be filed with the secretary, and the secretary shall issue the license or licenses. Any similar license in the municipality shall terminate thirty days after the canvass of the vote.
Source:
SDC 1939, §5.0236; SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 1971, ch 211, §33; SL 2003, ch 188, §2; SL 2018, ch 213, §43.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-15 - Acquisition of stock and equipment from licensee forced out of business by acquisition of municipal license.

35-3-15. Acquisition of stock and equipment from licensee forced out of business by acquisition of municipal license.
The municipality shall acquire the stock, equipment, and fixtures from any licensee whose license has been terminated by reason of the municipal election by which the municipality was authorized to engage in such business, such acquisition to be by purchase, condemnation, or arbitration.
Source:
SDC 1939, §5.0236 as added by SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 1971, ch 211, §34.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-16 - Arbitration of price paid to licensee forced out of business--Maximum price and inventory.

35-3-16. Arbitration of price paid to licensee forced out of business--Maximum price and inventory.
If the parties referred to in §35-3-15 agree to arbitration, the board of arbitration shall consist of one arbitrator to be selected by the municipality, one selected by the former licensee, and a third selected by both of the selected arbitrators. The determination of any arbitrators shall govern. However, no municipality as defined in §35-3-6 is bound to purchase any fixtures, equipment, or stock acquired by any former licensee after the filing of the petition submitting the question specified in §35-3-12. The determination as to value of the fixtures, equipment, and stock is binding on the parties. However, the value may not exceed the invoice price plus any federal tax paid thereon subsequent to its acquisition, and the aggregate of the stock may not exceed the level of the average inventory of such stock carried by the dealer for the two years immediately preceding the holding of the election providing for the municipal sale of alcoholic beverages under chapter 35-4.
Source:
SDC 1939, §5.0236 as added by SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 2008, ch 37, §158.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-18 - Municipal establishment supervised by governing body--Establishment of prices.

35-3-18. Municipal establishment supervised by governing body--Establishment of prices.
Every municipal liquor establishment shall be operated and conducted under the direction of the governing body of the municipality. The governing body may fix the prices to be charged on all sales of liquor. If the prices are fixed by the governing body, the manager and the manager's assistants shall conform to the prices in the making of all sales.
Source:
SL 1959, ch 14; SDC Supp 1960, §45.1439; SL 2008, ch 37, §159.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-19 - Receipts from municipal establishment deposited with finance officer--Disbursement of funds.

35-3-19. Receipts from municipal establishment deposited with finance officer--Disbursement of funds.
The gross receipts derived from the operation of any municipal liquor establishment licensed and operated pursuant to chapter 35-4 shall be remitted as promptly as circumstances permit to the custody of the municipal finance officer, and such funds shall be disbursed by said finance officer upon warrants of the municipality pursuant to presentation of verified vouchers as provided by law for other municipal expenditures.
Source:
SL 1959, ch 14; SDC Supp 1960, §45.1439; SL 1987, ch 261, §7.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-20 - Purchase invoices for municipal supplies filed with auditor or finance officer--Contents.

35-3-20. Purchase invoices for municipal supplies filed with auditor or finance officer--Contents.
A copy of each purchase invoice for liquor store supplies delivered to and signed by the municipal liquor store manager or the manager's assistant shall be filed monthly with the municipal auditor or finance officer covering purchases for each establishment. The invoice shall clearly distinguish between off-sale and on-sale purchases and shall indicate the license classification under which all purchases are made.
Source:
SL 1959, ch 14; SDC Supp 1960, §45.1439; SL 2008, ch 37, §160.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-21 - Accounting for municipal transactions.

35-3-21. Accounting for municipal transactions.
Every municipality engaged in the sale of alcoholic beverages, pursuant to the provisions of chapter 35-4, wherein a business under an on-sale and off-sale license is conducted, shall make a separate accounting of all transactions involving purchases, sales, and inventories pertaining to the business conducted under each of the licenses. The municipality shall maintain appropriate records and methods of accounting for an accurate determination of the sales returns and gross profits resulting from the operation of the business under each of the licenses.
Source:
SL 1959, ch 14; SDC Supp 1960, §45.1439; SL 1971, ch 211, §35; SL 1987, ch 261, §8; SL 2008, ch 37, §161.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-23 - Form of question on renewal of license for municipal business.

35-3-23. Form of question on renewal of license for municipal business.
The form of submitting the question of whether a license or licenses to the municipality shall be renewed, to be voted upon at a special election pursuant to §§35-3-8 and 35-3-9, shall be:
(1)"Shall the present off-sale license for the sale of alcoholic beverages, except malt beverages, held by ________ (naming municipality or organized township) be renewed?"
(2)"Shall the present on-sale license for the sale of alcoholic beverages, except malt beverages, held by ________ (naming municipality or organized township) be renewed?"
Source:
SDC 1939, §5.0234 (3); SL 1959, ch 10, §2; SL 1971, ch 211, §37; SL 1987, ch 261, §9.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-24 - Governing body may not apply for renewal if disapproved at election.

35-3-24. Governing body may not apply for renewal if disapproved at election.
If, at a special election on the questions specified in subdivision 35-3-23(1) or (2), the majority vote is in the negative on either question, the governing body of the municipality may not apply for the renewal of the off-sale license or licenses.
Source:
SDC 1939, §5.0236; SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 1971, ch 211, §38; SL 2008, ch 37, §162; SL 2018, ch 213, §44.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-25 - Liquidation of municipal business on disapproval by voters.

35-3-25. Liquidation of municipal business on disapproval by voters.
If the result of an election held after the establishment of a business pursuant to this chapter requires the municipality to cease operation of the business, or any part of the business, the governing board of the municipality may liquidate the business and the assets of the business in a manner determined by resolution of the governing board, not inconsistent with the provisions of this title.
Source:
SDC 1939, §5.0237; SL 2008, ch 37, §163.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-26 - Waiting period between local option elections.

35-3-26. Waiting period between local option elections.
If any question specified in this chapter has been submitted to the voters of a municipality, the same question may not be submitted within one year.
Source:
SDC 1939, §5.0235; SL 2008, ch 37, §164; SL 2018, ch 213, §45.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-27 - Refund of license fee on termination of license by local option election.

35-3-27. Refund of license fee on termination of license by local option election.
If an existing license is terminated as the result of a special election, a pro rata portion of the license fee shall be refunded to the licensee according to the portion of the license period that has not elapsed upon the termination. The refund shall be made by the state and the municipality pro rata according to the portions of the fee retained respectively by the state and the municipality.
Source:
SDC 1939, §5.0236; SL 1951, ch 7; SL 1953, ch 11; SL 1959, ch 10, §3; SL 2008, ch 37, §165.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 03 - Local Option And Municipal Powers › Section 35-3-28 - Credit purchases may be prohibited by lessee of license.

35-3-28. Credit purchases may be prohibited by lessee of license.
A municipality which has a municipal alcoholic beverage license may prohibit a lessee of such license from purchasing alcoholic beverages on credit.
Source:
SL 1990, ch 294.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-1 - Beverages to which chapter applies.

35-4-1. Beverages to which chapter applies.
The provisions of this chapter, unless the context otherwise clearly requires, shall be construed to relate to all alcoholic beverages.
Source:
SDC 1939, §5.0201; SL 1971, ch 211, §39; SL 1987, ch 261, §15.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-2.4 - Eligibility of municipality for wine, cider, or malt beverage license.

35-4-2.4. Eligibility of municipality for wine, cider, or malt beverage license.
Any municipality that holds an off-sale license under subdivision 35-4-2(5) is eligible for a license under either subdivision 35-4-2(12) or (16), or both. Any municipality that holds an on-sale license under chapter 35-4 is eligible for a license under either subdivision 35-4-2(12) or (16), or both.
Source:
SL 1987, ch 261, §39; SL 2010, ch 180, §21; SL 2018, ch 213, §48.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-2.8 - Possession of more than one license--Exercise of privileges.

35-4-2.8. Possession of more than one license--Exercise of privileges.
Any retail licensee licensed under this chapter may also hold other retail license types issued pursuant to this chapter at the same licensed premises. A licensee holding two or more licenses pursuant to this section may exercise the privileges granted under each license.
Source:
SL 1988, ch 292, §1; SL 2008, ch 182, §3; SL 2010, ch 183, §7; SL 2018, ch 213, §51.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-2.11 - Distribution of license and transfer fees and penalties.

35-4-2.11. Distribution of license and transfer fees and penalties.
Fifty percent of all license and transfer fees received pursuant to subdivision 35-4-2(16) shall remain in the municipality in which the licensee paying the fee is located. If the licensee is located outside the corporate limits of a municipality, fifty percent of the fees remain in the county in which the licensee is located. The remainder of all license and transfer fees and penalties received shall be credited to the state general fund.
Source:
SL 2010, ch 180, §50; SL 2011, ch 172, §3; SL 2018, ch 213, §52.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-2.12 - Regulation of alcoholic beverages aboard conveyances.

35-4-2.12. Regulation of alcoholic beverages aboard conveyances.
Any municipality may regulate the furnishing or consumption of alcoholic beverages aboard conveyances licensed pursuant to subdivisions 35-4-2(9).
Source:
SL 2014, ch 175, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-5.1 - Manufacturers and retailers may not be granted wholesale license.

35-4-5.1. Manufacturers and retailers may not be granted wholesale license.
No manufacturer or retailer, or a copartner or a majority stockholder of a parent or subsidiary corporation or holder of a controlling interest in a manufacturer or retailer, may be granted a wholesale license or be granted a renewal of a wholesale license under this chapter.
Source:
SL 1970, ch 211, §1; SL 1971, ch 211, §43; SL 2008, ch 37, §166; SL 2010, ch 180, §23; SL 2018, ch 213, §54.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-10 - Number of off-sale licenses restricted by population.

35-4-10. Number of off-sale licenses restricted by population.
No more than two off-sale licenses issued pursuant to subdivisions 35-4-2(3) and (5) may be issued under this chapter to operate in a municipality of one thousand or less and not exceeding one license for every additional fifteen hundred of population or fraction thereof. The number of off-sale licenses may not be less than the total number of licenses allowable as of July 1, 1981, and that have never been revoked or not reissued.
For the purposes of this section, population is equal to the population estimates published by the United States Census Bureau for each even-numbered year, except for the decennial year. For a decennial year, population is equal to the amount determined by the decennial federal census. No license issued pursuant to this section that exceeds the number of licenses that would have been issued upon the decennial federal census may be denied or revoked solely by reason that the license issued exceeds the number of licenses authorized by the decennial federal census.
Source: SDC 1939, §5.0204 (5); SL 1959, ch 6; SL 1971, ch 211, §46; SL 1982, ch 271, §3; SL 1987, ch 261, §18; SL 1993, ch 266; SL 2010, ch 180, §26; SL 2018, ch 213, §56; SL 2022, ch 141, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-10.2 - Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor.

35-4-10.2. Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor.
A licensee holding a license pursuant to subdivision 35-4-2(3) or (5) may provide samples of malt beverages, wine, cider, distilled spirits, liqueurs, and cordials to the general public without obtaining an additional license. The licensee may only offer as samples the malt beverages, wine, cider, distilled spirits, liqueurs, and cordials that the licensee currently has in stock and is offering for sale to the general public. The malt beverage, wine, cider, distilled spirits, liqueur, and cordial samples shall be dispensed at no charge and shall be consumed on the licensed premises during the permitted hours of off-sale. No sample of malt beverage or cider may be larger than three fluid ounces. No sample of wine may be larger than fifty milliliters and no sample of distilled spirits, liqueur, or cordial may be larger than twenty-five milliliters. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1989, ch 317; SL 1998, ch 220, §1; SL 2009, ch 176, §1; SL 2017, ch 167, §1; SL 2021, ch 165, § 2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-10.3 - Manufacturers and wholesalers permitted to provide samples on licensed retailer premises.

35-4-10.3. Manufacturers and wholesalers permitted to provide samples on licensed retailer premises.
A manufacturer or wholesaler, or an agent acting on behalf of either, may provide samples of malt beverages, wine, distilled spirits, liqueurs, and cordials to the general public. The samples shall be provided on the premises of a retailer licensed to sell the malt beverages, wine, distilled spirits, liqueurs, or cordials being offered and are subject to the limitations established pursuant to §35-4-10.2.
Source:
SL 2017, ch 167, §2; SL 2018, ch 213, §57.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-11 - Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses.

35-4-11. Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses.
If not fixed by ordinance, the governing body of any municipality may, before the second of September in each year, by resolution, determine the number of on-sale and off-sale licenses that the body will approve for the ensuing calendar year, and the fees to be charged for the various classifications of licenses. The number of on-sale licenses issued pursuant to subdivision 35-4-2(4) may not exceed three each for the first one thousand of population or fraction thereof and may not exceed one each for each additional one thousand five hundred of population or fraction thereof. The number of licenses allowable may not be less than the total number of licenses allowable or issued as of July 1, 1981, and that have never been revoked or not reissued. The municipal governing body shall also establish the fee for on-sale licenses pursuant to subdivisions 35-4-2(4) and (13). The fee applies to all the on-sale licenses issued in the ensuing calendar year.
For the purposes of this section, population is equal to the population estimates published by the United States Census Bureau for each even-numbered year, except for the decennial year. For a decennial year, population is equal to the amount determined by the decennial federal census. No license issued pursuant to this section that exceeds the number of licenses that would have been issued upon the decennial federal census may be denied or revoked solely by reason that the license issued exceeds the number of licenses authorized by the decennial federal census.
Source: SDC 1939, §§5.0203, 5.0204 (4); SL 1945, ch 20, §1; SL 1947, ch 19; SL 1959, ch 5; SL 1961, ch 13; SL 1963, ch 10; SL 1964, ch 8; SDCL §35-4-8; SL 1971, ch 211, §46; SL 1973, ch 237, §1; SL 1982, ch 271, §1; SL 1985, ch 291, §2; SL 1987, ch 261, §19; SL 2003, ch 193, §1; SL 2010, ch 180, §27; SL 2018, ch 213, §58; SL 2022, ch 141, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-11.1 - Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.

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