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(A) The municipality shall hold a hearing on the application for a license. Notice of the hearing must be published one time, one week prior to the hearing in the official newspaper. Any resident who requests written notice of the hearing must be notified accordingly.
(B) (1) If the application is denied after the hearing, the fee is returned to the applicant. If after the hearing, the application is granted, the fee is deposited in the general fund and the application is forwarded to the secretary of the Department, who can accept or reject the application.
(2) If the application is for a malt beverage license, only one-half of the fee is deposited in the general fund. The other one-half is forwarded to the secretary of the Department.
(C) A license cannot be reissued to the same applicant for a one-year period if the license has not been actively used by the applicant during the previous two years.
(A) If the applicant already holds a license and is applying for the same class of license at the same location for the next license year, then only the approval of the governing body is necessary to issue the license for the new year.
(B) One copy of the application is forwarded to the Department and a new card will be issued by the Department with an appropriate expiration date. The mayor or chairperson the governing board shall sign the new card in the lower right hand corner to properly validate the card.
(A) The procedure for a transfer of license is the same as for application for a new license. The fee for a transfer is $150. An affidavit of bulk sale and the existing license card must be submitted with the application for transfer.
(B) The application to transfer the license shall only be permitted if all municipal and state sales and use taxes incurred by the licensee as a result of the operation have been paid, and all property taxes, which are the liability of the licensee are paid or are not delinquent.
Fifty percent of all license and transfer fees received pursuant to subdivision SDCL § 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, 50% of the fees remain in the county in which the licensee is located. The remainder of all license and transfer fees and penalties received shall be credited to the state general fund.
(SDCL § 35-4-2.11)
(A) A licensee holding a license pursuant to SDCL § 35-4-2(3) or (5) may provide samples of malt beverages, wine, distilled spirits, liqueurs, and cordials to the general public without obtaining an additional license. The licensee may only offer as samples the malt beverages, wine, distilled spirits, liqueurs, and cordials that the licensee currently has in stock and is offering for sale to the general public.
(B) The malt beverage, wine, distilled spirits, liqueur, and cordial samples shall be dispensed at no charge and shall be consumed on the licensed premises during the permitted hours of off-sale.
(C) No sample of malt beverage may be larger than three fluid ounces. No sample of wine may be larger than 50 milliliters and no sample of distilled spirits, liqueur, or cordial may be larger than 25 milliliters.
(SDCL § 35-4-10.2)
(A) A licensee licensed pursuant to SDCL § 35-4-2(3) or (5) may apply for an off-sale delivery license as provided by SDCL § 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 beverage for delivery shall be purchased in person and on-site at the licensee's off-sale premises. The minimum purchase of alcoholic beverages shall be $150.
(B) The delivery shall be made during hours of operation pursuant to SDCL § 35-4-81.2 by an employee of the licensee who is at least 21 years old. The employee shall obtain the signature of a person twenty-one years old or older before delivery of the shipment. The employee shall request that the person signing for the delivery display a valid age-bearing photo identification document issued by this state, another state, or the federal government verifying that the person is twenty-one years old or older. Documentation verifying the identification of the person signing for the delivery shall be retained by the licensee for one year.
(SDCL § 35-4-127)
(A) Unless specifically allowed in this section, the manufacture, sale or possession of alcohol in a powdered, condensed, or other concentrated form as defined in § 113.01 or the sale or possession of an alcoholic beverage that is reconstituted from alcohol in a powdered, condensed, or other concentrated form is prohibited.
(B) The provisions of this section do not apply to the following:
(1) Any hospital that possesses a product defined in subdivision 35-1-1(17A) and that possession is primarily used for conducting scientific research; or
(2) Any state institution, private college or university, or pharmaceutical or biotechnical company that possesses a product defined in § 113.01 and that possession is primarily used for conducting bona fide research.
(SDCL § 35-4-128)
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