For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Any distilled spirits, wine, and malt beverages as defined SDCL Title 35.
BULK CONTAINER. Any package, or any container within which container are one or more packages.
CARRIER. A person who for hire transports passengers and who sells or furnishes to passengers for consumption alcoholic beverages aboard any means of conveyance or allows passengers to consume the passenger's own alcoholic beverages aboard the conveyance.
CIDER. Any alcoholic beverage obtained by the fermentation of the juice of apples or pears that contains not less than one-half of 1% of alcohol by volume and not more than 10% of alcohol by weight, including flavored, sparkling, or carbonated cider.
CONTROLLING INTEREST IN. An ownership interest in the licensee of 10% or more.
DEPARTMENT. Department of Revenue of the State of South Dakota.
DEPARTMENT. Department of Revenue of the State of South Dakota.
DISPENSER. A duly licensed physician, dentist, veterinarian, osteopath, podiatrist, chiropractor, or pharmacist; or a druggist, sanitarium, hospital, clinic, educational institution, industrial company, or industrial corporation who purchases alcohol for scientific and medicinal purposes only.
DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use containing not less than one-half of 1% of alcohol by weight.
MALT BEVERAGE. A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, or any other similar product, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human consumption containing not less than one-half of one percent of alcohol by weight.
MANUFACTURER. Any person who owns, has a controlling interest in, operates, or aids in operating any establishment for the brewing, production, bottling, or blending of any alcoholic beverage, whether occurring within or without this state.
MINIBAR. Any closed container, either refrigerated or nonrefrigerated, having restricted access to the interior by means of a locking device that requires the use of a key, magnetic card, or similar device, or controlled by the licensee at all times.
MUNICIPALITY. Any incorporated city or town, and any unincorporated platted town having a United States post office. However, the subsequent withdrawal of a United States post office does not affect the right of established liquor licenses to be continued, renewed, or transferred and does not prevent the owner or bona fide lessee of the licensed premises from receiving a renewal or reissuance of such license.
OFF-SALE. The sale of any alcoholic beverage, for consumption off the premises where sold.
ON-SALE. The sale of any alcoholic beverage for consumption only upon the premises where sold.
ON-SALE DEALER. Any person who sells, or keeps for sale, any alcoholic beverage for consumption on the premises where sold.
PACKAGE. The bottle or immediate container of any alcoholic beverage.
PACKAGE DEALER. Any person other than a manufacturer, or wholesaler, who sells, or keeps for sale, any alcoholic beverage for consumption off the premises where sold.
POPULATION. Number of inhabitants as determined by the last preceding federal census.
POWDERED, CONDENSED, or CONCENTRATED ALCOHOL. An alcoholic product that is created using a process that reduces the alcohol to a concentrated form and that allows the alcohol to be reconstituted with water or other liquid.
RELATIVE. Any person who is a husband, wife, son, daughter, brother, sister, father, or mother.
RETAIL LICENSE. An on-sale or off-sale license issued under the provisions of SDCL Title 35.
RETAILER or RETAIL DEALER. Any person who sells alcoholic beverages for other than resale.
SALE. The transfer, for consideration, of title to any alcoholic beverage.
SECRETARY. The secretary of revenue of the State of South Dakota.
SERVE. The taking of an order for an alcoholic beverage and intentionally delivering the alcoholic beverage to a customer for the purpose of consumption on the licensed premises and the customer takes physical possession of the alcoholic beverage.
TRANSPORTATION COMPANY or TRANSPORTER. Any common carrier or operator of a private vehicle transporting or accepting for transportation any alcoholic beverages, but not including transportation by carriers in interstate commerce where the shipment originates outside of the state and is destined to a point outside of the state.
WHOLESALER. Any person who sells alcoholic beverages to retailers for resale.
WINE. Any beverage made from the fermentation of grapes, grape juice, other fruit bases, or honey, with or without adding alcoholic beverages; without rectification, except for the purpose of fortification; and contains not less than 0.5% and not more than 24% alcohol by volume.
(SDCL § 35-1-1)