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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.
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)
LICENSING AND SALES
The following are the fees to be paid for the various classes of licenses:
SDCL § 35-4-2 Division
| Class of License | Fees |
SDCL § 35-4-2 Division
| Class of License | Fees |
(2) | Wholesalers of alcoholic beverages | $5,000 |
(3) | Off-sale | Not less than $300 |
Off-sale (Renewal) | Not to exceed $500 | |
(4) | On-sale | Not less than $1 for each person residing within the municipality as measured by the last preceding federal census |
Renewal fee | Not to exceed $1,500 | |
(5) | Off-sale licenses issued to municipalities under local option | Not less than $250 |
(6) | On-sale licenses issued outside of municipalities | Not less than the amount the nearest municipality to the applicant is charging for a like license. The renewal fee shall be the same as is charged for a like license in the nearest municipality. If the municipality to which the applicant is nearest holds an on-sale license, pursuant to SDCL § 35-3-13 and does not charge a specified fee, then the fee shall be the minimum amount that could be charged as if the municipality had not been authorized to obtain on-sale licenses pursuant to SDCL § 35-3-13. The renewal fee shall be the same as could be charged for a like license in the nearest municipality |
(8) | Transportation companies | $25 |
(9) | Carrier | $100 The fee licenses all conveyances the licensee operates in this state |
(11) | On-sale dealers (at publicly operated airports) | $250 |
(12) | Wine and cider retailers, being both package dealers and on-sale dealers | $500 |
(13) | Convention facility (on-sale) | Not less than $1 for each person residing within the municipality as measured by the last federal census |
Renewal fee | Not to exceed $1,500 | |
(15) | Wholesalers of malt beverages | $400 |
(16) | Malt beverage and wine produced by a farm winery licensee, being both package dealers and on-sale dealers | $300 |
(21) | Retail on premises manufacturer | $250 |
(23) | Off-sale delivery | $150 |
(Ord. 2022-17, passed 1-5-2023) (SDCL § 35-4-2)
The municipality is authorized to issue the following licenses:
(A) Airport license to be used for convention or entertainment purposes.
(1) Any municipality with a population in excess of 35,000 which operates an airport pursuant to SDCL Chapter 50-7 and holds a license pursuant to SDCL §§ 35-4-14, shall also be authorized to use the license at any bona fide convention activity or entertainment activity including, but not limited to: any theatrical or musical performance, rodeo or traveling show if the event is held at a convention hall.
(2) The selling, serving or dispensing of any alcoholic beverage may not occur earlier than one hour before the commencement of the event, or at any time after the event is concluded. All sales must occur within areas designated for that purpose.
(B) Five-day convention hall licenses.
(1) Such license shall be issued without regard to population limitations established by law.
(2) Any municipality with a population exceeding 100,000 or any municipality hosting an annual event attended by 100,000 or more people may issue an on-sale license to be operated at a sporting event held at a publicly owned sports arena or facility seating a minimum of 1,000 persons. Before a license may be issued in a municipality hosting an annual event, the municipal finance officer shall estimate the previous year's attendance and provide the estimate to the governing body.
(3) Any license issued pursuant to this subdivision may be issued for a period not to exceed five consecutive days and will expire at 12:00 midnight on the fifth day after issuance.
(4) No public hearing is required if the individual applying for the license holds an on-sale alcoholic beverage license in the municipality or holds an operating agreement for municipal on-sale alcoholic beverage license. No person who holds an operating agreement for a municipal license pursuant to SDCL § 35-4-14.1 may receive a license pursuant to this section.
(C) Special malt beverage retailer's license and special retail on-sale wine dealer's license.
(1) This license may be issued to any civic, charitable, educational or fraternal organization in conjunction with a special event.
(2) The fee is $5 per day for a period not to exceed 15 consecutive days.
(3) This license shall be issued in the same manner as other malt beverage licenses, except that the state does not have to grant approval and the license fee remains in the municipality.
(D) Spiking permit.
(1) It is unlawful for a person to consume any intoxicating liquor or mix an alcoholic beverage in any public place other than an on-sale establishment.
(2) The governing body may grant authorization for persons to consume or blend alcoholic beverages on property that is publicly owned or owned by a nonprofit corporation. The permit period shall not exceed 24 hours and the hours or authorization shall not exceed those permitted for on-sale licenses.
(E) Organizational special events. The municipality may issue a special events temporary on-sale liquor license if the applicant is recognized as an exempt organization under the US Internal Revenue Code, and the licensee holds a malt beverage retailer license within the municipality. The license may be issued for a period of time not to exceed two consecutive days.
(A) Except as provided in SDCL § 35-4-2(12) and (16), off-sale licenses may only be issued under this chapter to operate within a municipality or an improvement district created pursuant to SDCL Chapter 7-25A.
(SDCL § 35-4-6)
(B) No more than two off-sale licenses issued pursuant to SDCL § 35-4-2(3) and (5) may be issued under SDCL Title 35 to operate in a municipality of1,000 or less and not exceeding one license for every additional 1,500 of population or fraction thereof.
(C) The number of off-sale licenses may not be less than the total number of licenses allowable as of July 1, 1981, and that have never been revoked or not reissued.
(SDCL § 35-4-10)
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