Title 35 — ALCOHOLIC BEVERAGES
20 chapters · 349 sections in this title.
SDCL § 35-1-1 Definition of terms
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Terms used in this title mean: (1) "Alcoholic beverage," any distilled spirits, wine, ciders, and malt beverages as defined in this title; (2) "Bulk container," any package, or any container within which container are one or more packages; (3) "Carrier," a person who for hire tra…
SDCL § 35-1-1.1 Licensee includes municipal operating agreement holder--Number of agreements limited
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For the purposes of this title, any person that has entered into an operating agreement with a municipality pursuant to § 35-4-19 is a licensee. A municipality may not enter into more operating agreements than the maximum number of retail licenses of each type that may be issued …
SDCL § 35-1-12 Kegs of malt beverage--Retail sale--Records
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No keg of malt beverage may be sold at retail in this state unless the licensee who sold the keg records the name and address of the person to whom the keg is sold and has provided for the identification of the keg. Each licensee shall maintain such sales records for one year and…
SDCL § 35-1-13 Sale, purchase, possession, or use of alcohol without liquid device prohibited--Exceptions--Violation as misdemeanor
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No person may sell, offer to sell, purchase, possess, or use an alcohol without liquid device. For the purposes of this section, the term, alcohol without liquid device, means an apparatus that is advertised, designed, or used to vaporize an alcoholic beverage to produce a vapor …
SDCL § 35-1-14 Production and storage of alcoholic beverages--Postsecondary institutions--Purposes--Exemptions--Prohibitions
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As used in this section, the term, postsecondary institution, includes any postsecondary institution, technical institute, or private college or university located within this state. A postsecondary institution may produce up to two hundred gallons of distilled spirits, up to two…
SDCL § 35-1-2 Secretary of revenue to administer title--Employment of personnel--Equipment and supplies
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The secretary shall administer the law as set forth in this title, and may employ such help and purchase such equipment and supplies as are necessary for performance of the secretary's duties. Source: SDC 1939, § 5.0102; SL 1971, ch 211 , § 7; SL 2008, ch 37 , § 130.
SDCL § 35-1-3 Certain revenue department employees prohibited from engaging in alcoholic beverage business
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Neither the secretary nor any employee of the division within the department that issues any alcoholic beverage license may have any interest, financial or otherwise, in the production, transportation, storage, or sale of alcoholic beverages. Source: SDC 1939, § 5.0102; SL 1971, …
SDCL § 35-1-4 Traffic in alcoholic beverages prohibited except as authorized by title
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No person may produce, transport, store, or sell any alcoholic beverage except as authorized under the provisions of this title. Source: SDC 1939, § 5.0114; SL 1971, ch 211 , § 9; SL 2008, ch 37 , § 132.
SDCL § 35-1-4.1 Dispenser permitted to transport or store alcoholic beverage
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A dispenser may transport or store any alcoholic beverage purchased for a bona fide scientific or medicinal purpose. Source: SL 2018, ch 213 , § 3.
SDCL § 35-1-5 Unlicensed business prohibited--Violation as misdemeanor
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No person may transact any business authorized by this title without a license as provided by this title. A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, § 5.0115; SL 1999, ch 183 , § 1.
SDCL § 35-1-5.1 Bottle clubs prohibited
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A bottle club, being an establishment not licensed for the sale of alcoholic beverages, which allows persons to bring their own alcoholic beverages on the premises for purposes of consumption and where the proprietor sells or provides soft drinks, mix, or ice on the premises, or …
SDCL § 35-1-5.2 Repealed by SL 2010, ch 180 , § 4
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35-1-5.3 Consumption of distilled spirits in public place as misdemeanor--Exceptions. 35-1-5.4 Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business. 35-1-5.5 Permit for consumption of alcoholic beverage on pr…
SDCL § 35-1-5.3 Consumption of distilled spirits in public place as misdemeanor--Exceptions
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It is a Class 2 misdemeanor for any person to consume distilled spirits in any public place, other than upon the premises of an on-sale dealer that is licensed to sell distilled spirits or upon the location set forth in a permit granted by §
SDCL § 35-1-5.4 Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business
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Any person who produces for personal, family, or similar use two hundred gallons or less of malt beverage each year or any person who produces for personal, family, or similar use two hundred gallons or less of cider each year or any person who produces for personal, family, or s…
SDCL § 35-1-5.5 Permit for consumption of alcoholic beverage on property owned by public or nonprofit corporation
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The governing body of a municipality or county may permit the consumption, but not the sale, of any alcoholic beverage on property owned by the public or by a nonprofit corporation within its jurisdiction. The permit period may not exceed twenty-four hours and the hours of author…
SDCL § 35-1-5.6 Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions
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It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, this provision does not apply to any passenger aboard a vehicle operated by a …
SDCL § 35-1-5.7 Corkage fee for wine supplied by customer--Removal of partially consumed, sealed bottle of wine--Storage of wine supplied by customer
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Notwithstanding the provisions of § 35-1-5.6 , a licensee that is licensed to sell wine on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed premises for consumption by the customer while eating a meal that was prepared by the licensee and…
SDCL § 35-1-5.8 Carrier may permit passenger to consume alcoholic beverage aboard vehicle
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Notwithstanding the provisions of § 35-1-5.6 , a licensed carrier may permit a passenger to bring sealed and unopened alcoholic beverages purchased from a South Dakota retailer aboard the vehicle for consumption by the passenger aboard the vehicle operated by the carrier. Nothing…
SDCL § 35-1-5.9 Commercial storage of wine--Authorization
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Any person not licensed under this title may store alcoholic beverages for a fee for any other person not licensed under this title. Source: SL 2022, ch 140 , § 1. 35-1-6. Repealed by SL 1971, ch 211 , § 121.
SDCL § 35-1-6 Repealed by SL 1971, ch 211 , § 121
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35-1-7 False statement in application or report as felony. 35-1-8 Sale or delivery of beverages for resale prohibited except as authorized. 35-1-8.1 Sacramental wines exempt. 35-1-9 Storage of beverages restricted to licensed premises--Exception. 35-1-9.1 Consumption or possessio…
SDCL § 35-1-7 False statement in application or report as felony
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Any person who, in any application, report, or statement filed with the secretary, knowingly makes a false statement as to any matter required by any provision of this title to be set forth in the application, report, or statement, is guilty of a Class 6 felony. Source: SDC 1939,…
SDCL § 35-1-8 Sale or delivery of beverages for resale prohibited except as authorized
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No manufacturer, wholesaler, or transporter may sell or deliver any package containing alcoholic beverages manufactured or distributed for resale, unless the person to whom the package is sold or delivered is authorized to receive the package as provided in this title. Source: SL…
SDCL § 35-1-8.1 Sacramental wines exempt
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The provisions of this title relating to licensing and taxation do not apply to the purchase and sale of wines used by ordained rabbis, priests, ministers, or pastors of any church or established religious organization for sacramental purposes within the state. Source: SDC 1939, …
SDCL § 35-1-9 Storage of beverages restricted to licensed premises--Exception
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No licensee under this title may keep or store any alcoholic beverages at any place within the state other than on the premises where the licensee is authorized to operate. However, a licensee may store alcoholic beverages in a bonded warehouse pursuant to §
SDCL § 35-1-9.1 Consumption or possession of alcoholic beverage in vehicle a misdemeanor--Exceptions
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It is a Class 2 misdemeanor for any person occupying a motor vehicle located upon a public highway or the right - of - way of a public highway to consume any alcoholic beverage or have a package or any receptacle containing an alcoholic beverage in that person's possession unless…
SDCL § 35-1-9.2 Repealed by SL 2018, ch 213 , § 8
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35-1-9.3 Certain situations not in violation of §
SDCL § 35-1-9.3 SDCL 35-1-9.3
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Certain situations not in violation of §
SDCL § 35-1-9.4 Carry out of partially consumed, sealed bottle of wine permitted under certain circumstances
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A licensee that is licensed to sell wine on-sale may permit a customer to carry out the unconsumed portion of a bottle of wine if the customer purchased the bottle of wine from the licensee and consumed a portion of it with a meal that was prepared and served by the licensee at a…