Title 35 — ALCOHOLIC BEVERAGES

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. 35-4-3. Repealed by SL 1971, ch 211 , § 121. 35-4-4. Repealed by SL 2017, ch 164 , § 2. 35-4-4.1. Repe…

35-4-2.3

35-4-2.4 Eligibility of municipality for wine, cider, or malt beverage license. 35-4-2.5

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(…

35-4-2.6

35-4-2.7

35-4-2.8 Possession of more than one license--Exercise of privileges. 35-4-2.9

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:…

35-4-2.10

35-4-21 Contents of operating agreements. 35-4-22 Agreement for operation of municipal off-sale establishment. 35-4-22.1 License renewal of off-sale licensee outside of boundaries. 35-4-23 Contents of agreement for operation of municipal off-sale establishment. 35-4-24 35-4-24 to…

An operating agreement under § 35-4-19 shall include: (1) The manager is responsible for all operating expenses, including taxes, insurance, and license fees, if any; (2) The manager may dispense only alcoholic beverages supplied by the municipal off-sale establishment; (3) The a…

If a municipality has been issued an off-sale license only, the governing body may, by resolution, enter into an operating agreement with the manager of a legitimate operating business concern for the specific purpose of operating the off-sale establishment for the municipality. …

An off-sale licensee applying for license renewal, to the governing body that has jurisdiction over the licensed premises, may not be denied the license on the grounds that the location of the premises is outside the boundaries of a municipality or an unincorporated platted area …

An operating agreement pursuant to § 35-4-22 shall include at least the provisions required by subdivisions 35-4-21(1) to (4), inclusive, and (6), and shall also provide that the manager shall receive as full consideration under the agreement a percentage of the fixed markup from…

35-4-4

35-4-4.1

35-4-5

The period covered by licenses under this title is from twelve o'clock midnight on the thirty-first day of December to twelve o'clock midnight on the thirty-first day of the next December. However, the license is valid for an additional three days if a proper application for a ne…

35-4-45 Bonded warehouse permitted to store beverages--Additional bond required. 35-4-46

Any bonded warehouse within this state may, upon compliance with this section, receive alcoholic beverages for storage purposes. Before receiving any alcoholic beverages, the bonded warehouse shall furnish, in addition to any bond previously furnished under law, a bond in the amo…

35-4-47 Sources from which wholesalers may receive beverages. 35-4-48

Except as provided in §§ 35-2-9 and 35-10-16 , a licensed wholesaler may only purchase or receive alcoholic beverages from: (1) Manufacturers or wholesalers licensed under this title; (2) Transportation licensees, including deliveries by the transportation licensees through a fre…

35-4-49

35-4-50 Restrictions on sales by wholesalers. 35-4-51

35-4-5.1 Manufacturers and retailers may not be granted wholesale license. 35-4-5.2 35-4-5.2 to 35-4-5.4. Repealed by SL 1971, ch 211 , § 121. 35-4-5.5

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. Sou…

35-4-6 Repealed 35-4-6.1

A licensed wholesaler under this chapter may only sell alcoholic beverages in this state to a manufacturer, wholesaler, and retail licensee under this chapter and only the alcoholic beverages that the respective licensee is authorized to purchase. Source: SDC 1939, § 5.0217; SL 1…

35-4-52 Prohibited sales practices by manufacturers and wholesalers. 35-4-53 35-4-53 to 35-4-59. Repealed by SL 1971, ch 211 , § 121. 35-4-60 Retailers permitted to purchase only from wholesalers. 35-4-60.1 Wholesalers to purchase only from brand owner or brand owner's agent or l…

No manufacturer or wholesaler may attempt to promote the sale of alcoholic beverages by tie-in sales arrangements or by any device such as gifts or other concessions of financial value to a customer. The manufacturer or wholesaler may promote sales only on the basis of price comp…

Source: SDC 1939, § 5.0204 (3); SL 1971, ch 211 , § 45; SL 1980, ch 253 ; SL 1981, ch 270 , § 2; SL 1987, ch 261 , § 17; SL 2001, ch 194 , § 2; SL 2010, ch 180 , § 25; SL 2018, ch 213 , § 55; SL 2021, ch 166 , § 1. 35-4-6.1. Obsolete. 35-4-7 to 35-4-9. Repealed by SL 1971, ch 211…

35-4-7 35-4-7 to 35-4-9. Repealed by SL 1971, ch 211 , § 121. 35-4-10 Number of off-sale licenses restricted by population--Grounds for revocation limited. 35-4-10.1

Except as provided in this title, a retail licensee may only buy or receive alcoholic beverages from a wholesaler licensed under this chapter. Source: SDC 1939, § 5.0219; SL 1945, ch 22 , § 2; SL 1955, ch 6 , § 3; SL 1971, ch 211 , § 63; SL 2008, ch 37 , § 177; SL 2018, ch 213 , …

No licensed wholesaler may purchase or accept delivery of any brand of alcoholic beverages, unless those alcoholic beverages are purchased from the brand owner or the brand owner's authorized agent, or from another licensed wholesaler operating solely within this state. Alcoholic…

A licensee licensed under subdivision 35-4-2(3), (4), or (16) shall purchase any malt beverages that the licensee sells from the municipality if the municipality in which the licensee is located is licensed under subdivision 35-4-2(5) and if the municipality has adopted by ordina…

Notwithstanding the provisions of § 35-4-60 , a civic, charitable, educational, fraternal, or veterans organization licensed pursuant to § 35-4-124 may purchase alcoholic beverages from any licensed wholesaler, or licensed retailer with off-sale privileges. Source: SL 2018, ch 21…

35-4-62 35-4-62 to 35-4-65. Repealed by SL 1971, ch 211 , § 121. 35-4-66 Restrictions on transportation of beverages. 35-4-67 Restrictions on importation of beverages. 35-4-68 35-4-68 to 35-4-70. Repealed by SL 1971, ch 211 , § 121. 35-4-71 Sale of alcohol by dispensers restricte…

Alcoholic beverages may be transported only by: (1) A transporter licensee in the course of delivery to persons authorized under this title to receive the alcoholic beverages; (2) A manufacturer or wholesaler in the manufacturer or wholesaler licensee's own vehicles, carrying the…

Except as provided in subdivisions 35-4-66(1), (3), (4), (5), (6), and (7), no person may bring alcoholic beverages into this state. Source: SDC 1939, § 5.0224; SL 1943, ch 12 ; SL 1945, ch 24 ; SL 1971, ch 211 , § 66; SL 1987, ch 261 , § 26; SL 2010, ch 182 , § 2; SL 2018, ch 21…

No dispenser may resell alcohol except as compounded into medicinal or other preparations that are not capable of ordinary use as a beverage. Source: SDC 1939, § 5.0223; SL 1971, ch 211 , § 67; SL 2008, ch 37 , § 180. 35-4-72, 35-4-73. Repealed by SL 1971, ch 211 , § 121.

Except pursuant to the provisions of § 35-4-127 , no off-sale licensee may make any delivery of alcoholic beverages outside of the premises described in the license. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 5.0226 (1); SL 1947, ch 21 ; SL 1963, ch…

No on-sale licensee may serve alcoholic beverages except on the premises authorized by the license. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 5.0226 (5); SL 1953, ch 10 ; SL 1963, ch 15 ; SL 1971, ch 211 , § 69; SL 1992, ch 158 , § 58; SL 2008, ch …

Notwithstanding the provisions of § 35-4-75 , the governing body of the municipality charged with the approval of alcoholic beverage license issuance may, by ordinance, permit the sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right-of-wa…

No licensee may sell or serve any alcoholic beverage to any person who is obviously intoxicated. A violation of this section is a Class 1 misdemeanor. However, no licensee is civilly liable to any injured person or the injured person's estate for any injury suffered, including an…

No on-sale or off-sale licensee may permit any person less than twenty-one years old to loiter on the licensed premises or to sell, serve, dispense, or consume alcoholic beverages on the licensed premises. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § …

35-4-79.4 Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor. 35-4-80

Notwithstanding the provisions of § 35-4-79 , any on-sale or off-sale licensee may permit persons eighteen years or older to sell or serve alcoholic beverages if less than fifty percent of the gross business transacted by the establishment is from the sale of alcoholic beverages,…

35-4-81 Restriction by ordinance of sales, service, and consumption on certain days. 35-4-81.1

Any municipality or county may, by ordinance, prohibit or restrict the sale, service, and consumption of alcoholic beverages on Sundays, Christmas Day, or Memorial Day. Source: SDC 1939, § 5.0226 (3), (4); SL 1961, ch 16 ; SL 1963, ch 14 ; SDCL § 35-4-80 ; SL 1971, ch 211 , § 72;…

35-4-81.2 Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor. 35-4-82 35-4-82 to 35-4-84. Repealed by SL 1971, ch 211 , § 121. 35-4-85