Title 35 — ALCOHOLIC BEVERAGES

The fee licenses all conveyances the licensee operates in this state; (10) Repealed by SL 2018, ch 213 , § 46; (11) On-sale dealers at publicly operated airports--two hundred fifty dollars; (12) Wine and cider retailers, being both package dealers and on-sale dealers--five hundre…

The provisions of this chapter, unless the context otherwise clearly requires, shall be construed to relate to all alcoholic beverages. Source: SDC 1939, § 5.0201; SL 1971, ch 211 , § 39; SL 1987, ch 261 , § 15.

No more than three off-sale licenses issued pursuant to subdivisions 35-4-2 (3) and (5) may be issued under this chapter to operate in a municipality of one thousand or less. Above this population limit, no more than one license may be issued for every additional fifteen hundred …

35-4-10.2 Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor. 35-4-10.3 Manufacturers and wholesalers permitted to provide samples on licensed retailer premises. 35-4-11 Municipal determination of number of…

A licensee holding a license pursuant to subdivision 35-4-2 (3) or (5) may provide samples of malt beverages, wine, cider, distilled spirits, liqueurs, and cordials to the general public without obtaining an additional license. The licensee may only offer as samples the malt beve…

A manufacturer or wholesaler, or an agent acting on behalf of either, may provide samples of malt beverages, wine, distilled spirits, liqueurs, and cordials to the general public. The samples shall be provided on the premises of a retailer licensed to sell the malt beverages, win…

The Department of Social Services shall create a nine inch by twelve inch sign to be displayed pursuant to §

Any hotel or motel may operate minibars as defined in § 35-1-1 in any of its rooms or units if the hotel or motel has an on-sale license issued pursuant to subdivision 35-4-2(4), (6), or (13). Source: SL 1989, ch 311 , § 2; SL 2010, ch 180 , § 49; SL 2018, ch 213 , § 98.

Any hotel or motel may sell alcoholic beverages, except malt beverages and wine, in sizes not to exceed one hundred milliliters and malt beverages and wine in sizes not to exceed three hundred fifty - five milliliters to its registered guests twenty - one years of age or older, b…

Any municipality or county may impose on any person who is licensed pursuant to this chapter and who is issued a video lottery establishment license pursuant to § 42-7A-41 an annual additional license fee for the privilege of locating video lottery machines on the licensed premis…

Any county or municipality operating a golf course may, by resolution, without an election, but subject to referendum, make application for the issuance of an on-sale license at the golf course. Source: SL 1994, ch 287 ; SL 2018, ch 213 , § 100.

Notwithstanding the provisions of § 35-4-11.1 , each county may issue three resort facility on - sale licenses. For the purposes of this section, a resort facility is a facility located in a county with a population of less than two thousand persons at the time the license is ini…

If not fixed by ordinance, the governing body of any municipality may, before the second of September in each year, by resolution, determine the number of on-sale and off-sale licenses that the body will approve for the ensuing calendar year, and the fees to be charged for the va…

If not previously fixed by ordinance or continuing resolution, the board of county commissioners must, before the second of September in each year, determine the number of on-sale and off-sale licenses it will approve for the ensuing calendar year and the fees to be charged for t…

In addition to the licenses provided by §§ 35-4-10 , 35-4-11 and 35-4-11.2 , any municipality that is authorized by chapter 42-7B to allow legal games of chance may issue up to five additional off-sale licenses to hotel-motel convention facilities and twelve additional convention…

A county may issue on-sale licenses pursuant to subdivision 35-4-2(6) to be operated only within an improvement district, created pursuant to chapter 7-25A , within the county. The number of licenses issued in the improvement district may not exceed three for the first one thousa…

Notwithstanding the provisions of § 35-4-11.1 , each county may issue a hunting preserve facility on-sale license to any facility that has a shooting preserve operating permit issued pursuant to chapter 41-10 and a license issued by the Department of Health pursuant to chapter 34…

Notwithstanding the provisions of § 35-4-11 , each municipality or a county on behalf of an improvement district created pursuant to chapter 7-25A may issue two convention facility on-sale licenses pursuant to subdivision 35-4-2(13) for convention facilities substantially constru…

35-4-11.4 35-4-11.4 , 35-4-11.5. Repealed by SL 2010, ch 185 , §§ 3, 4. 35-4-11.6

35-4-11.7 35-4-11.7 , 35-4-11.8. Repealed by SL 2010, ch 185 , §§ 5, 6. 35-4-11.9 35-4-11.9 , 35-4-11.10. Repealed by SL 2018, ch 219 , §§ 3, 4. 35-4-11.11 Additional convention facility licenses authorized. 35-4-11.12 On-sale licenses for improvement districts. 35-4-11.13 Huntin…

Terms used in this section and §§ 35-4-111 to 35-4-120 , inclusive, mean: (1) "Bar," any permanently installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverag…

Notwithstanding the provisions of § 35-4-11 or 35-4-11.1 or the on-sale license fees established pursuant to subdivisions 35-4-2(4) and (6), the governing board of any incorporated municipality or the board of county commissioners of any county may, by ordinance, issue additional…

In the initial application, an applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality or county to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared f…

If the municipality or county is renewing a full-service restaurant on-sale license, the municipality or county shall condition the license renewal upon receiving documentation that at least sixty percent of gross revenue from the preceding twelve months operation of the full-ser…

A full-service restaurant on-sale licensee may only serve alcoholic beverages for on-premise consumption in the bar and dining room area of the restaurant. Source: SL 2008, ch 189 , § 5.

A restaurant that has a full-service restaurant on-sale license may only be advertised or held out to the public as primarily a food eating establishment. No licensee that has a full-service restaurant on-sale license may allow smoking on the licensed premises. Source: SL 2008, c…

Any municipality or county adopting the ordinance pursuant to § 35-4-111 may issue additional on-sale licenses to full-service restaurants. Any municipality adopting such ordinance shall charge at least one dollar for each person residing within the municipality as measured by th…

Any municipality or county adopting the ordinance pursuant to § 35-4-111 shall, for a period of ten years following adoption of such ordinance, set the price of a new full-service restaurant on-sale license, pursuant to § 35-4-116 , at or above the current fair market value. Howe…

Each municipality or county adopting an ordinance pursuant to § 35-4-111 shall maintain a registry of each on-sale license that is being offered for sale at the price established in § 35-4-117 and furnish a copy of the registry to anyone who requests a new full-service restaurant…

The existing on-sale license holder is responsible for registering with the municipality or county that the on-sale license is for sale pursuant to §

35-4-13 Continuation of on-sale license despite annexation by municipality or county--Exception to restrictions on number of licenses. 35-4-13.1

Upon the adoption of an ordinance pursuant to § 35-4-111 , any person who purchased an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) within the last five years shall report to the municipality or county that issued the license the amount paid for the license. If…

Any county operating a county fairgrounds may, by resolution, without an election, but subject to referendum, issue one on-sale license at the county fairgrounds to an applicant who is authorized by the county to operate as the leaseholder at the county fairgrounds. The selling, …

Any municipality or county may issue: (1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or …

A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraterna…

Notwithstanding § 35-1-5.5 , a municipality or county may allow the sale of alcoholic beverages on public property or property owned by a nonprofit corporation during a special event. Any license issued pursuant to § 35-4-124 shall be issued to the person and the location specifi…

35-4-127 Off-sale delivery license. 35-4-128 Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited--Exceptions--Violation as misdemeanor. 35-4-129 Sale of alcoholic beverages below cost prohibited--Exception. 35-4-130 Quantity discounts and c…

A licensee licensed pursuant to subdivision 35-4-2(3) or (5) may apply for an off-sale delivery license as provided by subdivision 35-4-2(23) to deliver alcoholic beverages to a consumer within the boundaries of the municipality that issued the off-sale license. The alcoholic bev…

Unless specifically allowed in this section, the manufacture, sale or possession of alcohol in a powdered, condensed, or other concentrated form as defined in § 35-1-1 or the sale or possession of an alcoholic beverage that is reconstituted from alcohol in a powdered, condensed, …

No alcoholic beverage may be sold below the wholesale cost of the alcoholic beverage, unless the sale constitutes the termination of the sale of the alcoholic beverage on the licensed premises. Any alcoholic beverage offered for sale at less than wholesale cost may not be offered…

If, due to the annexation of territory by any municipality or county, the premises of an on-sale licensee are transferred from one jurisdiction to another, the licensee may continue to legally operate until the expiration of the license. After the expiration of the license, the l…

35-4-14 On-sale license for publicly operated airport. 35-4-14.1 On-sale license--Municipal event center or recreation facility--Limitations--Authority to contract. 35-4-14.2 35-4-14.2 to 35-4-14.4. Repealed by SL 2010, ch 185 , §§ 7 to 9. 35-4-15 35-4-15 to 35-4-18. Repealed by …

A retailer, as defined in subdivision 35-1-1(19), may offer quantity discounts or cash discounts to a consumer for the purchase of alcoholic beverages. Any quantity discount or cash discount offered by a retailer to a consumer shall comply with the provisions of §

Notwithstanding the provisions of § 35-4-11 or 35-2-5.3 , any county or municipality operating an airport under chapter 50-7 or a regional airport authority operating an airport under chapter 50-6A may by resolution, without an election, but subject to referendum, make applicatio…

Any municipality that has obtained a license under this title may issue licenses pursuant to subdivisions 35-4-2(12) and (16). If a municipality has been issued an off-sale license only, the governing body may approve or disapprove applications for on-sale licenses issued pursuan…

The provisions of §§ 35-4-110 to 35-4-120 , inclusive, apply to any municipality that enters into operating agreements pursuant to §

The classes of licenses, with the fee of each class, are as follows: (1) Repealed by SL 2018, ch 223 , § 13; (2) Wholesalers of alcoholic beverages--five thousand dollars; (3) Off-sale--not less than three hundred dollars. The renewal fee for the license may not exceed five hundr…

35-4-2.2

35-4-2.11 Distribution of license and transfer fees and penalties. 35-4-2.12 Regulation of alcoholic beverages aboard conveyances. 35-4-3

Fifty percent of all license and transfer fees received pursuant to subdivision 35-4-2(16) shall remain in the municipality in which the licensee paying the fee is located. If the licensee is located outside the corporate limits of a municipality, fifty percent of the fees remain…