Title 35 — ALCOHOLIC BEVERAGES
20 chapters · 349 sections in this title.
SDCL § 35-3-1 Police power of municipality--Territorial jurisdiction
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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. 35-…
SDCL § 35-3-10 Form of question on permitting on - sale licenses
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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…
SDCL § 35-3-11 On-sale licenses permitted when approved by voters--Termination of licenses when disapproved
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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…
SDCL § 35-3-12 Form of questions on procurement of license by municipality
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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…
SDCL § 35-3-15 Acquisition of stock and equipment from licensee forced out of business by acquisition of municipal license
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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…
SDCL § 35-3-16 Arbitration of price paid to licensee forced out of business--Maximum price and inventory
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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…
SDCL § 35-3-18 Municipal establishment supervised by governing body--Establishment of prices
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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…
SDCL § 35-3-19 Receipts from municipal establishment deposited with finance officer--Disbursement of funds
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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…
SDCL § 35-3-20 Purchase invoices for municipal supplies filed with auditor or finance officer--Contents
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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…
SDCL § 35-3-21 Accounting for municipal transactions
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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…
SDCL § 35-3-23 Form of question on renewal of license for municipal business
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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…
SDCL § 35-3-24 Governing body may not apply for renewal if disapproved at election
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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…
SDCL § 35-3-25 Liquidation of municipal business on disapproval by voters
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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…
SDCL § 35-3-26 Waiting period between local option elections
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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.
SDCL § 35-3-27 Refund of license fee on termination of license by local option election
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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…
SDCL § 35-3-28 Credit purchases may be prohibited by lessee of license
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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 .
SDCL § 35-3-6 Municipalities and townships to which local option provisions apply
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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.
SDCL § 35-3-7 Questions subject to local option--On-sale licensing--Municipality procuring license
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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…
SDCL § 35-3-8 Petition for election on local option--Number of legal voters required--Filing
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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 §
SDCL § 35-3-9 Election laws applicable to local option elections
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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…