S.D. Codified Laws ch. 35-4 – Sale of Beverages | Midpage

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South Dakota Codified Laws

Chapter 35-4

S.D. Codified Laws ch. 35-4

Sale of Beverages

35-4-1Beverages to which chapter applies.35-4-2Classes of licenses enumerated--Fees.35-4-2.4Eligibility of municipality for wine, cider, or malt beverage license.35-4-2.8Possession of more than one license--Exercise of privileges.35-4-2.11Distribution of license and transfer fees and penalties.35-4-2.12Regulation of alcoholic beverages aboard conveyances.35-4-5.1Manufacturers and retailers may not be granted wholesale license.35-4-5.235-4-5.2 to 35-4-5.4. Repealed by SL 1971, ch 211, § 121.35-4-6.1Obsolete.35-4-735-4-7 to 35-4-9. Repealed by SL 1971, ch 211, § 121.35-4-10Number of off-sale licenses restricted by population--Grounds for revocation limited.35-4-10.2Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor.35-4-10.3Manufacturers and wholesalers permitted to provide samples on licensed retailer premises.35-4-11Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses.35-4-11.1Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.35-4-11.2Convention facility on-sale licenses issued by municipality or county on behalf of improvement district.35-4-11.435-4-11.4, 35-4-11.5. Repealed by SL 2010, ch 185, §§ 3, 4.35-4-11.735-4-11.7, 35-4-11.8. Repealed by SL 2010, ch 185, §§ 5, 6.35-4-11.935-4-11.9, 35-4-11.10. Repealed by SL 2018, ch 219, §§ 3, 4.35-4-11.11Additional convention facility licenses authorized.35-4-11.12On-sale licenses for improvement districts.35-4-11.13Hunting preserve facility on-sale license.35-4-1235-4-12. Repealed by SL 1971, ch 211, § 121.35-4-13Continuation of on-sale license despite annexation by municipality or county--Exception to restrictions on number of licenses.35-4-14On-sale license for publicly operated airport.35-4-14.1On-sale license--Municipal event center or recreation facility--Limitations--Authority to contract.35-4-14.235-4-14.2 to 35-4-14.4. Repealed by SL 2010, ch 185, §§ 7 to 9.35-4-1535-4-15 to 35-4-18. Repealed by SL 1971, ch 211, § 121.35-4-19Licensed municipalities permitted to issue certain licenses--Operating agreements permitted.35-4-19.1Full-service restaurant on-sale license provisions applicable to municipalities and operating agreement holders.35-4-21Contents of operating agreements.35-4-22Agreement for operation of municipal off-sale establishment.35-4-22.1License renewal of off-sale licensee outside of boundaries.35-4-23Contents of agreement for operation of municipal off-sale establishment.35-4-2435-4-24 to 35-4-40. Repealed by SL 1971, ch 211, § 121.35-4-41Duration and expiration of licenses--Full fee charged for part of year.35-4-4235-4-42, 35-4-43. Repealed by SL 1971, ch 211, § 121.35-4-45Bonded warehouse permitted to store beverages--Additional bond required.35-4-47Sources from which wholesalers may receive beverages.35-4-50Restrictions on sales by wholesalers.35-4-52Prohibited sales practices by manufacturers and wholesalers.35-4-5335-4-53 to 35-4-59. Repealed by SL 1971, ch 211, § 121.35-4-60Retailers permitted to purchase only from wholesalers.35-4-60.1Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler.35-4-60.2Purchase from municipality of malt beverages by certain licensees--Price charged.35-4-60.3Certain licensees permitted to purchase from wholesalers and retailers.35-4-6235-4-62 to 35-4-65. Repealed by SL 1971, ch 211, § 121.35-4-66Restrictions on transportation of beverages.35-4-67Restrictions on importation of beverages.35-4-6835-4-68 to 35-4-70. Repealed by SL 1971, ch 211, § 121.35-4-71Sale of alcohol by dispensers restricted.35-4-7235-4-72, 35-4-73. Repealed by SL 1971, ch 211, § 121.35-4-74Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor.35-4-75Service by on-sale licensees restricted to premises--Violation as misdemeanor.35-4-75.135-4-75.1 to 35-4-77. Repealed by SL 1971, ch 211, § 121.35-4-77.1Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance.35-4-78Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.35-4-78.135-4-78.1 to 35-4-78.4. Repealed by SL 2010, ch 180, §§ 37 to 40.35-4-79Persons under twenty-one years old not permitted to loiter on on-sale or off-sale premises or to sell, serve, or consume beverages--Violation as misdemeanor.35-4-79.135-4-79.1, 35-4-79.2. Repealed by SL 2018, ch 213, §§ 87, 89.35-4-79.4Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor.35-4-81Restriction by ordinance of sales, service, and consumption on certain days.35-4-81.2Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor.35-4-8235-4-82 to 35-4-84. Repealed by SL 1971, ch 211, § 121.35-4-8735-4-87, 35-4-88. Repealed by SL 1971, ch 211, § 121.35-4-9035-4-90 to 35-4-92. Repealed by SL 1971, ch 211, § 121.35-4-9435-4-94 to 35-4-98. Repealed by SL 2018, ch 213, §§ 93 to 97.35-4-99Display of health warning sign--Violation as petty offense.35-4-100Health warning sign--Contents--Copy provided to licensees.35-4-101Minibars authorized in hotels or motels.35-4-102Minibars--Beverage sizes--Age limit--Access.35-4-103Annual additional license fee for video lottery machines on licensed premises.35-4-10435-4-104, 35-4-105. Repealed by SL 2010, ch 185, §§ 10, 11.35-4-106License at county or municipal golf course.35-4-107Resort facility on-sale license--Resort facility defined--Terms of license--Application.35-4-10835-4-108, 35-4-109. Repealed by SL 2010, ch 185, §§ 12, 13.35-4-110Definition of terms pertaining to full-service restaurant on-sale licenses.35-4-111Full-service restaurant on-sale licenses.35-4-112Documentation in support of initial application for full-service restaurant on-sale license.35-4-113Renewal of full-service restaurant on-sale license--Annual report.35-4-114On-premise consumption required.35-4-115Advertisement of full-service restaurant.35-4-116Fees for additional on-sale licenses to full-service restaurants.35-4-117Price of full-service restaurant on-sale license set at or above current fair market value.35-4-118Registry of full-service restaurant on-sale licenses.35-4-119Registration that full-service restaurant on-sale license is for sale.35-4-120Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal.35-4-12135-4-121, 35-4-122. Repealed by SL 2018, ch 213, §§ 103, 104.35-4-123County fairground on-sale license.35-4-124Special alcoholic beverage licenses--Special events--Duration--Hearing--Local government rules required.35-4-124.1Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license.35-4-125Application for special alcoholic beverage license--Fee.35-4-127Off-sale delivery license.35-4-128Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited--Exceptions--Violation as misdemeanor.35-4-129Sale of alcoholic beverages below cost prohibited--Exception.35-4-130Quantity discounts and cash discounts permitted.