Title 35 — ALCOHOLIC BEVERAGES
20 chapters · 349 sections in this title.
SDCL § 35-4-3 Repealed by SL 1971, ch 211 , § 121
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35-4-4
SDCL § 35-4-4 Repealed by SL 2017, ch 164 , § 2
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35-4-4.1
SDCL § 35-4-4.1 Repealed by SL 2018, ch 213 , § 53
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35-4-5
SDCL § 35-4-41 Duration and expiration of licenses--Full fee charged for part of year
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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…
SDCL § 35-4-44 Repealed by SL 2018, ch 213 , § 71
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35-4-45 Bonded warehouse permitted to store beverages--Additional bond required. 35-4-46
Bonded warehouse permitted to store beverages--Additional bond required
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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…
SDCL § 35-4-46 Repealed by SL 2018, ch 213 , § 73
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35-4-47 Sources from which wholesalers may receive beverages. 35-4-48
SDCL § 35-4-47 Sources from which wholesalers may receive beverages
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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…
SDCL § 35-4-48 Repealed by SL 2018, ch 213 , § 75
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35-4-49
SDCL § 35-4-49 Repealed by SL 2018, ch 224 , § 14
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35-4-50 Restrictions on sales by wholesalers. 35-4-51
SDCL § 35-4-5 Repealed by SL 1971, ch 211 , § 121
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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 Repealed by SL 1971, ch 211 , § 121. 35-4-5.5
SDCL § 35-4-5.1 Manufacturers and retailers may not be granted wholesale license
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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…
SDCL § 35-4-5.5 Repealed by SL 2010, ch 180 , § 24
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35-4-6 Repealed 35-4-6.1
SDCL § 35-4-50 Restrictions on sales by wholesalers
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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…
SDCL § 35-4-51 Repealed by SL 1971, ch 211 , § 121
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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…
SDCL § 35-4-52 Prohibited sales practices by manufacturers and wholesalers
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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…
SDCL § 35-4-6 Repealed
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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…
SDCL § 35-4-6.1 Obsolete
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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
SDCL § 35-4-60 Retailers permitted to purchase only from wholesalers
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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 , …
SDCL § 35-4-60.1 Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler
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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…
SDCL § 35-4-60.2 Purchase from municipality of malt beverages by certain licensees--Price charged
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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…
SDCL § 35-4-60.3 Certain licensees permitted to purchase from wholesalers and retailers
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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…
SDCL § 35-4-61 Repealed by SL 2018, ch 213 , § 81
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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…
SDCL § 35-4-66 Restrictions on transportation of beverages
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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…
SDCL § 35-4-67 Restrictions on importation of beverages
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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…
SDCL § 35-4-71 Sale of alcohol by dispensers restricted
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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.
SDCL § 35-4-74 Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor
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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…
SDCL § 35-4-75 Service by on-sale licensees restricted to premises--Violation as misdemeanor
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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 …
SDCL § 35-4-77.1 Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance
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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…
SDCL § 35-4-78 Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability
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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…
SDCL § 35-4-79 Persons under twenty-one years old not permitted to loiter on on-sale or off-sale premises or to sell, serve, or consume beverages--Violation as misdemeanor
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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, § …
SDCL § 35-4-79.3 Repealed by SL 2010, ch 183 , § 6
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35-4-79.4 Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor. 35-4-80
SDCL § 35-4-79.4 Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor
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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,…
SDCL § 35-4-80 Repealed by SL 1971, ch 211 , § 121
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35-4-81 Restriction by ordinance of sales, service, and consumption on certain days. 35-4-81.1
SDCL § 35-4-81 Restriction by ordinance of sales, service, and consumption on certain days
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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;…
SDCL § 35-4-81.1 Repealed by SL 2010, ch 183 , § 2
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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
SDCL § 35-4-81.2 Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor
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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 …
SDCL § 35-4-85 Repealed by SL 2018, ch 213 , § 92
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35-4-86
SDCL § 35-4-86 Repealed by SL 2010, ch 180 , § 44
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35-4-87 35-4-87 , 35-4-88. Repealed by SL 1971, ch 211 , § 121. 35-4-89
SDCL § 35-4-89 Repealed by SL 1992, ch 158 , § 61
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35-4-90 35-4-90 to 35-4-92. Repealed by SL 1971, ch 211 , § 121. 35-4-93
SDCL § 35-4-93 Repealed by SL 2010, ch 180 , § 45
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35-4-94 35-4-94 to 35-4-98. Repealed by SL 2018, ch 213 , §§ 93 to 97. 35-4-99 Display of health warning sign--Violation as petty offense. 35-4-100 Health warning sign--Contents--Copy provided to licensees. 35-4-101 Minibars authorized in hotels or motels. 35-4-102 Minibars--Beve…
SDCL § 35-4-99 The sign shall explain the dangers faced by pregnant women who consume alcohol
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The language in the sign shall be approved by the secretary of health. The Department of Social Services shall provide a copy of the sign to each licensee required by § 35-4-99 to display the sign. Source: SL 1986, ch 298 , § 2; SL 1992, ch 372 (Ex. Ord. 92-2), § 20; SL 2008, ch …
However, for a reasonable cause shown, the secretary may reduce or eliminate the penalty
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If any licensee files a false or fraudulent return, an amount equal to the tax evaded, or attempted to be evaded, shall be added to the tax. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants, and …
SDCL § 35-5-1 Beverages to which chapter applies
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The provisions of this chapter apply to all alcoholic beverages. Source: SDC 1939, § 5.0201; SL 1971, ch 211 , § 77; SL 2018, ch 213 , § 111.
SDCL § 35-5-10 Monthly return and payment of tax based on quantity of beverages--Violation as misdemeanor
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Each licensee liable for the payment of the taxes levied under this chapter shall file with the secretary a return, on a form prescribed by the secretary, showing the kind and quantity of alcoholic beverages produced, received, and on hand, together with the names of the persons …
SDCL § 35-5-19 Interest and penalty for delinquency in filing return or payment of tax--Reduction of penalty for reasonable cause--Additional amount added for false return--Collection and enforcement
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Any person required to file returns or reports under this chapter, who fails to file a return or report or pay the tax when due is subject to interest and penalty at the rates set forth in §
SDCL § 35-5-2 Alcohol excise tax to be paid by manufacturers and wholesalers
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There is hereby levied an alcohol excise tax on all alcoholic beverages manufactured, purchased, received, or imported in this state. A manufacturer shall pay the alcohol excise tax on all alcoholic beverages manufactured and sold directly to a retailer or consumer. A wholesaler …
SDCL § 35-5-20 Records and reports required of licensees--Entry and examination on default--Violation as misdemeanor
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Any licensee liable for the payment of the taxes shall keep, in current and available form on the licensed premises, records of all purchases, sales, quantities on hand, and any other information the secretary may prescribe by rule promulgated pursuant to chapter 1-26 . The secre…
SDCL § 35-5-20.1 Reports required on shipments of beverages into state--Violation as misdemeanor
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Any person outside the state who sells or ships alcoholic beverages to a manufacturer or wholesaler within this state shall provide the secretary a report as the secretary may require, giving the name and address of the licensee or person making the purchase, the quantity and kin…
SDCL § 35-5-22 Distribution to municipalities from alcoholic beverage fund
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Twenty-five percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the municipalities. Each municipality's share of the fund shall be determined by the ratio of the population of each municipality to the total population of all the municipalities …