Title 35, ALCOHOLIC BEVERAGES

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 § 35-4-118 . Source: SL 2008, ch 189 , § 11.

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…

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…

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 § 35-4-129 . Sour…

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…

Notwithstanding the provisions of § 35-4-11 , any municipality may by resolution, without an election but subject to referendum, issue an on-sale license pursuant to subdivision 35-4-2 (4) for use at any municipality-owned entertainment venue, event venue, event center, arena, pe…

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 § 35-4-19 . Each operating agreement holder is a license holder for the purposes of §§ 35-4-110 to 35-4-120 , inclusive, and when applying these prov…

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…

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…

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.

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(…

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:…

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…

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…

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…

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…

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…

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…

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;…