Title 35 — ALCOHOLIC BEVERAGES

Terms used in this title mean: (1) "Alcoholic beverage," any distilled spirits, wine, ciders, and malt beverages as defined in this title; (2) "Bulk container," any package, or any container within which container are one or more packages; (3) "Carrier," a person who for hire tra…

For the purposes of this title, any person that has entered into an operating agreement with a municipality pursuant to § 35-4-19 is a licensee. A municipality may not enter into more operating agreements than the maximum number of retail licenses of each type that may be issued …

No keg of malt beverage may be sold at retail in this state unless the licensee who sold the keg records the name and address of the person to whom the keg is sold and has provided for the identification of the keg. Each licensee shall maintain such sales records for one year and…

No person may sell, offer to sell, purchase, possess, or use an alcohol without liquid device. For the purposes of this section, the term, alcohol without liquid device, means an apparatus that is advertised, designed, or used to vaporize an alcoholic beverage to produce a vapor …

As used in this section, the term, postsecondary institution, includes any postsecondary institution, technical institute, or private college or university located within this state. A postsecondary institution may produce up to two hundred gallons of distilled spirits, up to two…

The secretary shall administer the law as set forth in this title, and may employ such help and purchase such equipment and supplies as are necessary for performance of the secretary's duties. Source: SDC 1939, § 5.0102; SL 1971, ch 211 , § 7; SL 2008, ch 37 , § 130.

Neither the secretary nor any employee of the division within the department that issues any alcoholic beverage license may have any interest, financial or otherwise, in the production, transportation, storage, or sale of alcoholic beverages. Source: SDC 1939, § 5.0102; SL 1971, …

No person may produce, transport, store, or sell any alcoholic beverage except as authorized under the provisions of this title. Source: SDC 1939, § 5.0114; SL 1971, ch 211 , § 9; SL 2008, ch 37 , § 132.

A dispenser may transport or store any alcoholic beverage purchased for a bona fide scientific or medicinal purpose. Source: SL 2018, ch 213 , § 3.

No person may transact any business authorized by this title without a license as provided by this title. A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, § 5.0115; SL 1999, ch 183 , § 1.

A bottle club, being an establishment not licensed for the sale of alcoholic beverages, which allows persons to bring their own alcoholic beverages on the premises for purposes of consumption and where the proprietor sells or provides soft drinks, mix, or ice on the premises, or …

35-1-5.3 Consumption of distilled spirits in public place as misdemeanor--Exceptions. 35-1-5.4 Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business. 35-1-5.5 Permit for consumption of alcoholic beverage on pr…

It is a Class 2 misdemeanor for any person to consume distilled spirits in any public place, other than upon the premises of an on-sale dealer that is licensed to sell distilled spirits or upon the location set forth in a permit granted by §

Any person who produces for personal, family, or similar use two hundred gallons or less of malt beverage each year or any person who produces for personal, family, or similar use two hundred gallons or less of cider each year or any person who produces for personal, family, or s…

The governing body of a municipality or county may permit the consumption, but not the sale, of any alcoholic beverage on property owned by the public or by a nonprofit corporation within its jurisdiction. The permit period may not exceed twenty-four hours and the hours of author…

It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, this provision does not apply to any passenger aboard a vehicle operated by a …

Notwithstanding the provisions of § 35-1-5.6 , a licensee that is licensed to sell wine on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed premises for consumption by the customer while eating a meal that was prepared by the licensee and…

Notwithstanding the provisions of § 35-1-5.6 , a licensed carrier may permit a passenger to bring sealed and unopened alcoholic beverages purchased from a South Dakota retailer aboard the vehicle for consumption by the passenger aboard the vehicle operated by the carrier. Nothing…

Any person not licensed under this title may store alcoholic beverages for a fee for any other person not licensed under this title. Source: SL 2022, ch 140 , § 1. 35-1-6. Repealed by SL 1971, ch 211 , § 121.

35-1-7 False statement in application or report as felony. 35-1-8 Sale or delivery of beverages for resale prohibited except as authorized. 35-1-8.1 Sacramental wines exempt. 35-1-9 Storage of beverages restricted to licensed premises--Exception. 35-1-9.1 Consumption or possessio…

Any person who, in any application, report, or statement filed with the secretary, knowingly makes a false statement as to any matter required by any provision of this title to be set forth in the application, report, or statement, is guilty of a Class 6 felony. Source: SDC 1939,…

No manufacturer, wholesaler, or transporter may sell or deliver any package containing alcoholic beverages manufactured or distributed for resale, unless the person to whom the package is sold or delivered is authorized to receive the package as provided in this title. Source: SL…

The provisions of this title relating to licensing and taxation do not apply to the purchase and sale of wines used by ordained rabbis, priests, ministers, or pastors of any church or established religious organization for sacramental purposes within the state. Source: SDC 1939, …

No licensee under this title may keep or store any alcoholic beverages at any place within the state other than on the premises where the licensee is authorized to operate. However, a licensee may store alcoholic beverages in a bonded warehouse pursuant to §

It is a Class 2 misdemeanor for any person occupying a motor vehicle located upon a public highway or the right - of - way of a public highway to consume any alcoholic beverage or have a package or any receptacle containing an alcoholic beverage in that person's possession unless…

35-1-9.3 Certain situations not in violation of §

Certain situations not in violation of §

A licensee that is licensed to sell wine on-sale may permit a customer to carry out the unconsumed portion of a bottle of wine if the customer purchased the bottle of wine from the licensee and consumed a portion of it with a meal that was prepared and served by the licensee at a…

Any application for a license as provided in this title shall be made on forms prescribed by the secretary. The application shall contain information required by the secretary and necessary to determine the eligibility of the applicant. Source: SDC 1939, § 5.0103; SL 2010, ch 180…

Any application under this title for a manufacturer, wholesaler, transporter, carrier, retail on premises manufacturer, wine carrier, or direct shipper license, and any application for a license to be issued to a county or municipality, shall be initially submitted to the secreta…

Any applicant for a new retail license, except as set forth in § 35-2-1.1 , or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality…

The secretary, in compliance with chapter 1-26 , may revoke or suspend any license issued under this title upon proof of violation by the licensee, by the licensee's agents or employees, or by the manager or contractual operators of retail establishments and their agents or emplo…

No retail license may be revoked or suspended because of a violation of any statute, ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person under the age of twenty-one years if the violation was committed by an employee or agent of th…

The department shall maintain on its public internet website, a directory listing all nationally recognized training programs that are approved by the department. Any licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one yea…

Any enforcement entity that conducts compliance checks using underaged informants to determine if a licensee will sell an alcoholic beverage to a person under the age of twenty-one shall inform the licensee in writing of the results of any compliance check within forty-eight hour…

35-2-11.1 Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary. 35-2-11.2 Notice of hearing prior to local governing body's recommendation of suspension or revocation. 35-2-12 Investigation--Revocation or suspension proceedi…

The governing body of a municipality or county may recommend to the secretary following a hearing that any license issued under this title be suspended or revoked for violation of any of the provisions of this title or for violations of any ordinance or regulation of the governin…

Any action taken by the governing body of a municipality or county pursuant to § 35-2-11.1 shall be preceded by notification to the licensee, at the address given on the license, at least thirty days in advance of the date set for public hearing. Notice of public hearing shall be…

If the secretary receives information of a violation by any licensee of any provision of this title, the secretary shall investigate the alleged violation. If there is substantial evidence to support that a violation of any provision of this title has occurred, the secretary shal…

An applicant or licensee under this title or any interested person or governing body has a right to a hearing in relation to any action taken upon the application or license. The hearing shall be held in the county where the license has been applied for or issued under the provis…

Upon service of notice of a decision or order for revocation of the license on the licensee, all of the licensee's rights under the license terminate, except in the event of a stay on appeal. Source: SDC 1939, § 5.0104; SL 1971, ch 211 , § 21; SL 2008, ch 37 , § 150; SL 2018, ch …

Every application for a license submitted to the secretary as provided by § 35-2-1.1 shall be accompanied by payment of the required fee for the license. However, the license fee for a municipal off-sale license shall be retained by the municipality. If the application is rejecte…

Each application for a license under this title shall include an agreement by the applicant that the applicant's premises, for the purposes of search and seizure laws of the state and any ordinances of the municipality where the license is issued, are considered public premises. …

No licensee under this title, whose license is revoked, may be granted any license under this title for one year after the revocation. If any relative of any such former licensee or any of the former licensee's employees or former employees, applies for any such license before th…

If a violation is established in any proceeding under this title, but the secretary determines due to the nature and the circumstances of the violation, a suspension of the license is adequate, the secretary may, instead of revoking the license, suspend the license for a period n…

No license granted under this title may be reissued until all taxes incurred by the licensee as a result of the operation of the licensed premises, including municipal and state sales and use taxes, state reemployment assistance or unemployment insurance tax, or any other state t…

No license granted pursuant to this title may be issued unless the applicant has first obtained a sales tax license pursuant to chapter 10-45 , if applicable, or a use tax license pursuant to chapter 10-46 , if applicable. Source: SL 1994, ch 284 ; SL 2006, ch 191 , § 3, eff. Jan…

Any licensee or employee of a licensee who is charged with a felony offense involving a minor, a crime of violence pursuant to subdivision 22-1-2(9), or a felony drug-related offense on the licensed premises may, as a condition of bond, be prohibited from entering onto the licens…

No license for a retail on-sale or off-sale alcoholic beverage license may be issued to an applicant until a public hearing is conducted pursuant to §§ 35-2-4 and

If any resident of an incorporated municipality files with the finance officer of the municipality, or if any resident of a county files with the county auditor a written request that the resident be notified of the time and place of hearing upon any specified application for a l…