For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a term is not defined in this section, the term is to be given the meaning as defined in SDCL Title 35. If a term is not provided for in this section or in the state’s codified laws, 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 0.5% of alcohol by volume and not more than 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 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 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 0.5% of alcohol by weight but not more than 24% of alcohol by weight.
(Prior Code, § 4-1) (Ord. 1035, passed 9-5-2006; Ord. 1124, passed 9-20-2010; Ord. 1138, passed 8-25-2011; Ord. 1157, passed 7-2-2012; Ord. 1283, passed 8-6-2018)
Statutory reference:
Classes of licenses enumerated; fees, see SDCL § 35-4-2
Definitions, see SDCL § 35-1-1