Title 35, ALCOHOLIC BEVERAGES

No manufacturer or wholesaler licensee under this title nor any officer, director, stockholder, agent, or employee thereof or any relative of the licensee, officer, director, stockholder, agent, or employee may be in any way financially interested, either directly or indirectly, …

Notwithstanding the provisions of § 35-2-6.4 or 35-4-52 , a licensed manufacturer or wholesaler may pour or serve alcoholic beverages at an event conducted by any civic, charitable, educational, fraternal, or veterans organization licensed pursuant to § 35-4-124 . Source: SL 2017…

Notwithstanding the provisions of § 35-2-6.4 or 35-4-52 , a manufacturer, wholesaler, or an agent of a manufacturer or wholesaler may enter into a sponsorship or advertising agreement with a retailer who is a civic, charitable, educational, fraternal, or veterans organization lic…

Any license granted under this title may be transferred to a new location or to another person. If the transfer is to another person, the licensee shall show in writing, under oath, that the licensee has made a bulk sale of the business operated under the license. The bulk sale m…

If an individual licensee under this title dies, the personal representative of the deceased licensee may succeed to all of the rights of the deceased licensee under the license. By operating under the license, the personal representative agrees to all of the terms and conditions…

Any licensee authorized to deal in alcoholic beverages, upon termination of the license, may at any time within thirty days after the termination of the license sell the whole or any part of the alcoholic beverages included in the licensee's stock in trade at the time of the term…

Any incorporated municipality may provide by ordinance for police supervision and enforcement of the provisions of this title as to any licensee who operates within one mile of the territorial limits of the municipality. Source: SDC 1939, § 5.0108 (4); SL 2008, ch 37 , § 153.

The form of submitting the question of whether alcoholic beverages, except malt beverages, are to be sold within the municipality by on - sale dealers, to be voted upon at a special election pursuant to §§ 35-3-8 and 35-3-9 , shall be "Shall on - sale licenses be permitted within…

If, at the election on the question specified in § 35-3-10 , the majority vote is in the affirmative, on-sale licenses to operate in the municipality may be granted. If the majority vote on the question is in the negative, all on-sale licenses are terminated thirty days after the…

The form of submitting the question of whether the municipality is to procure a license or licenses for sale of alcoholic beverages, except malt beverages, to be voted upon at a special election pursuant to §§ 35-3-8 and 35-3-9 , shall be: (1) "Shall an off - sale license for the…

If the majority vote is in the affirmative on the election question provided in subdivisions 35-3-12(1) and (2), the governing body of the municipality shall make application for the license or licenses. The application or applications shall be filed with the secretary, and the s…

The municipality shall acquire the stock, equipment, and fixtures from any licensee whose license has been terminated by reason of the municipal election by which the municipality was authorized to engage in such business, such acquisition to be by purchase, condemnation, or arbi…

If the parties referred to in § 35-3-15 agree to arbitration, the board of arbitration shall consist of one arbitrator to be selected by the municipality, one selected by the former licensee, and a third selected by both of the selected arbitrators. The determination of any arbit…

Every municipal liquor establishment shall be operated and conducted under the direction of the governing body of the municipality. The governing body may fix the prices to be charged on all sales of liquor. If the prices are fixed by the governing body, the manager and the manag…

The gross receipts derived from the operation of any municipal liquor establishment licensed and operated pursuant to chapter 35-4 shall be remitted as promptly as circumstances permit to the custody of the municipal finance officer, and such funds shall be disbursed by said fina…

A copy of each purchase invoice for liquor store supplies delivered to and signed by the municipal liquor store manager or the manager's assistant shall be filed monthly with the municipal auditor or finance officer covering purchases for each establishment. The invoice shall cle…

Every municipality engaged in the sale of alcoholic beverages, pursuant to the provisions of chapter 35-4 , wherein a business under an on-sale and off-sale license is conducted, shall make a separate accounting of all transactions involving purchases, sales, and inventories pert…

The form of submitting the question of whether a license or licenses to the municipality shall be renewed, to be voted upon at a special election pursuant to §§ 35-3-8 and 35-3-9 , shall be: (1) "Shall the present off - sale license for the sale of alcoholic beverages, except mal…

If, at a special election on the questions specified in subdivision 35-3-23(1) or (2), the majority vote is in the negative on either question, the governing body of the municipality may not apply for the renewal of the off-sale license or licenses. Source: SDC 1939, § 5.0236; SL…

If the result of an election held after the establishment of a business pursuant to this chapter requires the municipality to cease operation of the business, or any part of the business, the governing board of the municipality may liquidate the business and the assets of the bus…

If any question specified in this chapter has been submitted to the voters of a municipality, the same question may not be submitted within one year. Source: SDC 1939, § 5.0235; SL 2008, ch 37 , § 164; SL 2018, ch 213 , § 45.

If an existing license is terminated as the result of a special election, a pro rata portion of the license fee shall be refunded to the licensee according to the portion of the license period that has not elapsed upon the termination. The refund shall be made by the state and th…

A municipality which has a municipal alcoholic beverage license may prohibit a lessee of such license from purchasing alcoholic beverages on credit. Source: SL 1990, ch 294 .

The term, municipality, as used in §§ 35-3-7 to 35-3-27 , inclusive, includes any incorporated municipality and any organized township in which an unincorporated town is situated. Source: SDC 1939, § 5.0231; SL 1972, ch 199 ; SL 2008, ch 37 , § 154.

Any municipality may, by vote of its electors, as provided in §§ 35-3-8 to 35-3-23 , inclusive, determine whether or not alcoholic beverages, except malt beverages, may be sold within the municipality by on-sale dealers. The municipality may also in the same manner determine whet…

Fifteen percent of the legal voters residing in a municipality may petition for a special election to determine any question subject to local option pursuant to § 35-3-7 . If a municipality has a mayor, the number of legal voters is the total number voting in the last preceding e…

Except as otherwise expressly provided in this chapter, the form of a petition under § 35-3-8 , the manner of calling the election, the provision of notice of the election, the conduct of the election, and the canvass and return of votes shall be as set forth by the provisions of…

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 …

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 § 35-4-99 . The sign shall explain the dangers faced by pregnant women who consume alcohol. The language in the sign shall be approved by the secretary of health. The Depart…

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…

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…