Title 35, ALCOHOLIC BEVERAGES

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 s…

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 arbi…

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 arbit…

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 manag…

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 fina…

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 cle…

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 pert…

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 mal…

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…

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 bus…

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.

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 th…

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 .

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.

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 whet…

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 e…

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…