Title 35, ALCOHOLIC BEVERAGES

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…

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…

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.

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, § …

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,…

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;…

No on-sale or off-sale licensee may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of two a.m. and seven a.m. A violation of this section is a Class 2 misdemeanor. Source: SL 1987, ch 261 , § 33; SL 2008, ch …

All licensed premises shall prominently display the sign provided for in § 35-4-100 . The sign shall be displayed in such a manner as to provide an unobstructed view to the customers of such licensee. Failure to display such sign is a petty offense. Source: SL 1986, ch 298 , § 1.