A term that is defined in a specific section of this chapter is to be first given the meaning therein defined. If a term is not defined in a specific section, the term is to be defined using the definitions below in this section. If a term is not defined in this section, the term is to be given the meaning as defined in Title 35 of the South Dakota Codified Laws (SDCL). If a term is not provided for in SDCL, the term is to be given its plain and ordinary meaning.
Alcoholic beverage. Any distilled spirits, wine, and malt beverages as defined in this chapter.
Bulk container. Any package, or any container within which container are one or more packages.
Cider. Any alcoholic beverage obtained by the fermentation of the juice of apples or pears that contains not less than one-half percent (0.5%) of alcohol by volume and not more than ten percent (10%) of alcohol by weight, including flavored, sparkling, or carbonated cider.
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 one percent (0.5%) 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, 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 (0.5%) of alcohol by weight.
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 distiller, manufacturer, or wholesaler, who sells, or keeps for sale, any alcoholic beverage for consumption off the premises where sold.
Public place. Any place, whether in or out of a public building, commonly or customarily open to or used by the general public and any street or highway.
Retail license. Any on-sale or off-sale license issued under the provisions of this chapter.
Retailer or retail dealer. Any person who sells alcoholic beverages for other than resale.
Sale. The transfer, for a consideration, of title to any alcoholic beverage.
Wine. Any liquid either commonly used, or reasonably adapted to use, for beverage purposes, and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not less than one-half of one percent (0.5%) of alcohol by weight but not more than twenty- four percent (24%) of alcohol by weight.
(Ord. No. 1035, 9-5-06; Ord. No. 1124, 9-20-10; Ord. No. 1138, 8-25-11; Ord. No. 1157, 7-2-12; Ord. No. 1283, 8-6-18)
Cross reference and State law references– Definitions and rules of construction generally, § 1-2; statutory definitions, SDCL § 35-1-1; classes of licenses enumerated; fees, SDCL § 35-4-2.