South Dakota Code — 35
Browse 308 sections in division 35 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 35-1-1. Definition of terms.
- § 35-1-1.1. Licensee includes municipal operating agreement holder--Number of agreements limited.
- § 35-1-2. Secretary of revenue to administer title--Employment of personnel--Equipment and supplies.
- § 35-1-3. Certain revenue department employees prohibited from engaging in alcoholic beverage business.
- § 35-1-4. Traffic in alcoholic beverages prohibited except as authorized by title.
- § 35-1-4.1. Dispenser permitted to transport or store alcoholic beverage.
- § 35-1-5. Unlicensed business prohibited--Violation as misdemeanor.
- § 35-1-5.1. Bottle clubs prohibited.
- § 35-1-5.3. Consumption of distilled spirits in public place as misdemeanor--Exceptions.
- § 35-1-5.4. Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business.
- § 35-1-5.5. Permit for consumption of alcoholic beverage on property owned by public or nonprofit corporation.
- § 35-1-5.6. Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions.
- § 35-1-5.7. Corkage fee for wine supplied by customer--Removal of partially consumed, sealed bottle of wine--Storage of wine supplied by customer.
- § 35-1-5.8. Carrier may permit passenger to consume alcoholic beverage aboard vehicle.
- § 35-1-5.9. Commercial storage of wine--Authorization.
- § 35-1-7. False statement in application or report as felony.
- § 35-1-8. Sale or delivery of beverages for resale prohibited except as authorized.
- § 35-1-8.1. Sacramental wines exempt.
- § 35-1-9. Storage of beverages restricted to licensed premises--Exception.
- § 35-1-9.1. Consumption or possession of alcoholic beverage in vehicle a misdemeanor--Exceptions.
- § 35-1-9.3. Certain situations not in violation of § 35-1-9.1.
- § 35-1-9.4. Carry out of partially consumed, sealed bottle of wine permitted under certain circumstances.
- § 35-1-12. Kegs of malt beverage--Retail sale--Records.
- § 35-1-13. Sale, purchase, possession, or use of alcohol without liquid device prohibited--Exceptions--Violation as misdemeanor.
- § 35-1-14. Production and storage of alcoholic beverages--Postsecondary institutions--Purposes--Exemptions--Prohibitions.
- § 35-2-1. License application--Contents.
- § 35-2-1.1. Applications submitted to secretary--Approval if suitable.
- § 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval.
- § 35-2-2. Fees.
- § 35-2-2.1. Agreement by license applicant granting access to premises and records.
- § 35-2-3. Hearing required before issuance of retail license.
- § 35-2-4. Request for notice of hearing on retail license application--Notice by mail required.
- § 35-2-5. Time and place of hearing on retail license--Publication of notice.
- § 35-2-5.1. Return of application disapproved by local governing body--Waiting period before new application.
- § 35-2-5.2. Approval of application by local governing body--Approval by secretary required--Deposit of fees.
- § 35-2-5.3. Local licensing authority--Denying reissuance of on-sale license not actively used.
- § 35-2-6.1. State educational institutions--License to operate on campus prohibited--Exceptions.
- § 35-2-6.2. Character requirements for licensees.
- § 35-2-6.3. Ownership or lease of premises required of licensees--Ownership of business.
- § 35-2-6.4. Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor.
- § 35-2-6.8. Manufacturers and wholesalers permitted to pour or serve at certain events.
- § 35-2-6.9. Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers.
- § 35-2-6.10. Manufacturers and wholesalers permitted to donate beverages to certain licensees .
- § 35-2-7. Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee.
- § 35-2-8. Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued.
- § 35-2-9. Sale of stock in trade on termination of license.
- § 35-2-10. Violation as ground for revocation or suspension of license--Multiple licenses.
- § 35-2-10.1. Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty.
- § 35-2-10.2. Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction.
- § 35-2-10.3. Compliance checks of prohibited alcohol sales to persons under age twenty-one.
- § 35-2-11.1. Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary.
- § 35-2-11.2. Notice of hearing prior to local governing body's recommendation of suspension or revocation.
- § 35-2-12. Investigation--Revocation or suspension proceedings.
- § 35-2-13. Right to hearing on action on application or license.
- § 35-2-19. Termination of rights after revocation of license.
- § 35-2-20. Waiting period for new license after revocation--Application by relatives or employees.
- § 35-2-21. Suspension in lieu of revocation of license--Maximum period--Compromise settlement.
- § 35-2-24. Requirements for reissuance of license.
- § 35-2-25. Sales or use tax licenses.
- § 35-2-26. Licensees or employees charged with certain felonies may be prohibited from licensed premises.
- § 35-3-1. Police power of municipality--Territorial jurisdiction.
- § 35-3-6. Municipalities and townships to which local option provisions apply.
- § 35-3-7. Questions subject to local option--On-sale licensing--Municipality procuring license.
- § 35-3-8. Petition for election on local option--Number of legal voters required--Filing.
- § 35-3-9. Election laws applicable to local option elections.
- § 35-3-10. Form of question on permitting on-sale licenses.
- § 35-3-11. On-sale licenses permitted when approved by voters--Termination of licenses when disapproved.
- § 35-3-12. Form of questions on procurement of license by municipality.
- § 35-3-13. Procurement of license by municipality when approved by voters--Termination of other licenses.
- § 35-3-15. Acquisition of stock and equipment from licensee forced out of business by acquisition of municipal license.
- § 35-3-16. Arbitration of price paid to licensee forced out of business--Maximum price and inventory.
- § 35-3-18. Municipal establishment supervised by governing body--Establishment of prices.
- § 35-3-19. Receipts from municipal establishment deposited with finance officer--Disbursement of funds.
- § 35-3-20. Purchase invoices for municipal supplies filed with auditor or finance officer--Contents.
- § 35-3-21. Accounting for municipal transactions.
- § 35-3-23. Form of question on renewal of license for municipal business.
- § 35-3-24. Governing body may not apply for renewal if disapproved at election.
- § 35-3-25. Liquidation of municipal business on disapproval by voters.
- § 35-3-26. Waiting period between local option elections.
- § 35-3-27. Refund of license fee on termination of license by local option election.
- § 35-3-28. Credit purchases may be prohibited by lessee of license.
- § 35-4-1. Beverages to which chapter applies.
- § 35-4-2. Classes of licenses enumerated--Fees.
- § 35-4-2.4. Eligibility of municipality for wine, cider, or malt beverage license.
- § 35-4-2.8. Possession of more than one license--Exercise of privileges.
- § 35-4-2.11. Distribution of license and transfer fees and penalties.
- § 35-4-2.12. Regulation of alcoholic beverages aboard conveyances.
- § 35-4-5.1. Manufacturers and retailers may not be granted wholesale license.
- § 35-4-6. Repealed
- § 35-4-10. Number of off-sale licenses restricted by population--Grounds for revocation limited.
- § 35-4-10.2. Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor.
- § 35-4-10.3. Manufacturers and wholesalers permitted to provide samples on licensed retailer premises.
- § 35-4-11. Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses.
- § 35-4-11.1. Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.
- § 35-4-11.2. Convention facility on-sale licenses issued by municipality or county on behalf of improvement district.
- § 35-4-11.11. Additional convention facility licenses authorized.
- § 35-4-11.12. On-sale licenses for improvement districts.
- § 35-4-11.13. Hunting preserve facility on-sale license.
- § 35-4-13. Continuation of on-sale license despite annexation by municipality or county--Exception to restrictions on number of licenses.
- § 35-4-14. On-sale license for publicly operated airport.
- § 35-4-14.1. On-sale license--Municipal event center or recreation facility--Limitations--Authority to contract.
- § 35-4-19. Licensed municipalities permitted to issue certain licenses--Operating agreements permitted.
- § 35-4-19.1. Full-service restaurant on-sale license provisions applicable to municipalities and operating agreement holders.
- § 35-4-21. Contents of operating agreements.
- § 35-4-22. Agreement for operation of municipal off-sale establishment.
- § 35-4-22.1. License renewal of off-sale licensee outside of boundaries.
- § 35-4-23. Contents of agreement for operation of municipal off-sale establishment.
- § 35-4-41. Duration and expiration of licenses--Full fee charged for part of year.
- § 35-4-45. Bonded warehouse permitted to store beverages--Additional bond required.
- § 35-4-47. Sources from which wholesalers may receive beverages.
- § 35-4-50. Restrictions on sales by wholesalers.
- § 35-4-52. Prohibited sales practices by manufacturers and wholesalers.
- § 35-4-60. Retailers permitted to purchase only from wholesalers.
- § 35-4-60.1. Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler.
- § 35-4-60.2. Purchase from municipality of malt beverages by certain licensees--Price charged.
- § 35-4-60.3. Certain licensees permitted to purchase from wholesalers and retailers.
- § 35-4-66. Restrictions on transportation of beverages.
- § 35-4-67. Restrictions on importation of beverages.
- § 35-4-71. Sale of alcohol by dispensers restricted.
- § 35-4-74. Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor.
- § 35-4-75. Service by on-sale licensees restricted to premises--Violation as misdemeanor.
- § 35-4-77.1. Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance.
- § 35-4-78. Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.
- § 35-4-79. Persons under twenty-one years old not permitted to loiter on on-sale or off-sale premises or to sell, serve, or consume beverages--Violation as misdemeanor.
- § 35-4-79.4. Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor.
- § 35-4-81. Restriction by ordinance of sales, service, and consumption on certain days.
- § 35-4-81.2. Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor.
- § 35-4-99. Display of health warning sign--Violation as petty offense.
- § 35-4-100. Health warning sign--Contents--Copy provided to licensees.
- § 35-4-101. Minibars authorized in hotels or motels.
- § 35-4-102. Minibars--Beverage sizes--Age limit--Access.
- § 35-4-103. Annual additional license fee for video lottery machines on licensed premises.
- § 35-4-106. License at county or municipal golf course.
- § 35-4-107. Resort facility on-sale license--Resort facility defined--Terms of license--Application.
- § 35-4-110. Definition of terms pertaining to full-service restaurant on-sale licenses.
- § 35-4-111. Full-service restaurant on-sale licenses.
- § 35-4-112. Documentation in support of initial application for full-service restaurant on-sale license.
- § 35-4-113. Renewal of full-service restaurant on-sale license--Annual report.
- § 35-4-114. On-premise consumption required.
- § 35-4-115. Advertisement of full-service restaurant.
- § 35-4-116. Fees for additional on-sale licenses to full-service restaurants.
- § 35-4-117. Price of full-service restaurant on-sale license set at or above current fair market value.
- § 35-4-118. Registry of full-service restaurant on-sale licenses.
- § 35-4-119. Registration that full-service restaurant on-sale license is for sale.
- § 35-4-120. Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal.
- § 35-4-123. County fairground on-sale license.
- § 35-4-124. Special alcoholic beverage licenses--Special events--Duration--Hearing--Local government rules required.
- § 35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license.
- § 35-4-125. Application for special alcoholic beverage license--Fee.
- § 35-4-127. Off-sale delivery license.
- § 35-4-128. Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited--Exceptions--Violation as misdemeanor.
- § 35-4-129. Sale of alcoholic beverages below cost prohibited--Exception.
- § 35-4-130. Quantity discounts and cash discounts permitted.
- § 35-5-1. Beverages to which chapter applies.
- § 35-5-2. Alcohol excise tax to be paid by manufacturers and wholesalers.
- § 35-5-3. Amount of tax based on quantities--Diluted beverages.
- § 35-5-6. Beverages exempt from tax.
- § 35-5-6.1. Additional tax on wholesaler's purchases--Administration.
- § 35-5-7. Bond required of licensees--Amount of bond--Deposit in lieu of bond.
- § 35-5-7.1. Cancellation of bond by surety--Revocation of license.
- § 35-5-10. Monthly return and payment of tax based on quantity of beverages--Violation as misdemeanor.
- § 35-5-19. Interest and penalty for delinquency in filing return or payment of tax--Reduction of penalty for reasonable cause--Additional amount added for false return--Collection and enforcement.
- § 35-5-20. Records and reports required of licensees--Entry and examination on default--Violation as misdemeanor.
- § 35-5-20.1. Reports required on shipments of beverages into state--Violation as misdemeanor.
- § 35-5-22. Distribution to municipalities from alcoholic beverage fund.
- § 35-5-22.1. Entities sharing in municipal distribution.
- § 35-5-22.2. Distribution to counties from alcoholic beverage fund.
- § 35-5-25. Payment to township or county of distribution for unincorporated town.
- § 35-5-26. Population used as basis for distribution to unincorporated towns.
- § 35-5-28. Fund balances transferred to general fund.
- § 35-8A-1. Legislative authority and purpose.
- § 35-8A-2. Definitions of terms.
- § 35-8A-3. Distribution contracts--Application of this chapter.
- § 35-8A-4. Prohibited actions by supplier.
- § 35-8A-5. Good cause for termination, cancellation, nonrenewal, discontinuance, or modification.
- § 35-8A-6. Conditions for terminating, failing to renew, or refusing to continue under an agreement by supplier--Notice to wholesaler.
- § 35-8A-7. When compensation required from brewer--Reasonable value--Arbitration.
- § 35-8A-8. Brewery may assume wholesaler's business--Time limitation--Brewer as limited partner with wholesaler.
- § 35-8A-9. Injunctive relief for violation of distribution agreement--Costs and attorney fees--Jurisdiction--Arbitration upon agreement by all parties.
- § 35-8A-10. Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay.
- § 35-8A-11. Distribution agreement binding upon successor.
- § 35-8A-12. Waiver of rights void--Mutually binding agreements or voluntary dispute settlements not prohibited.
- § 35-8A-13. Unreasonable amendment prohibited.
- § 35-8A-14. Exclusive sales territories--Designated wholesaler.
- § 35-8A-15. Application of chapter.
- § 35-8A-16. Brand defined.
- § 35-8A-17. Brand extension defined.
- § 35-8A-18. Brand extension to be assigned wholesaler granted exclusive sales territory for preexisting brand--Exemption.
- § 35-8A-19. Future brand extensions to be assigned wholesaler who first had brand.
- § 35-8A-20. Application of certain amended and enacted sections.
- § 35-9-1. Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.
- § 35-9-1.1. Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability.
- § 35-9-1.2. Reasonable attempt to investigate age.
- § 35-9-1.3. Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred.
- § 35-9-1.4. Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.
- § 35-9-1.5. Fine imposed on licensee when sale does not constitute criminal offense.
- § 35-9-1.6. Hearing on liability for furnishing alcoholic beverage to underage person--Amount of fine.
- § 35-9-2. Purchase, possession, or consumption of beverage by person under twenty-one years prohibited--Exception--Misrepresentation of age--Violation as misdemeanor.
- § 35-9-2.1. Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions.
- § 35-9-2.2. Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained.
- § 35-9-2.3. Purchase of beverage by adult for person under twenty-one as misdemeanor.
- § 35-9-2.4. Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance.
- § 35-9-2.5. Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance.
- § 35-9-4.1. Legislative intent and purpose for raising minimum drinking age.
- § 35-9-6. Determination of venue when minor apprehended for purchase, possession, or consumption of alcoholic beverage.
- § 35-9-6.1. Determination of venue in juvenile adjudication arising from purchase, possession, or consumption of alcoholic beverage.
- § 35-9-7. Driver's license suspension or restriction for certain violations.
- § 35-9-8. Driver's license revocation for certain violations.
- § 35-9-9. Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor.
- § 35-9-10. Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty--Misdemeanor.
- § 35-9-11. Defense available to social host.
- § 35-9-12. Social host's lack of physical presence not a defense.
- § 35-9-13. Social host defined.
- § 35-10-1. Promulgation of rules.
- § 35-10-4. Subpoena and administration of oaths by secretary.
- § 35-10-8. Enforcement and collection of cost penalties assessed for violations.
- § 35-10-9. Notice of convictions mailed to local and state licensing authorities.
- § 35-10-11. Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal.
- § 35-10-12. Application by officer for judicial determination as to beverages--Notice of time and place of hearing.
- § 35-10-13. Determination as to status of beverages seized--Order for return to owner or confiscation.
- § 35-10-14. Report of beverages confiscated--Destruction of unsalable beverages.
- § 35-10-15. Custody and storage of salable confiscated beverages.
- § 35-10-16. Sale by secretary of confiscated beverages--Disposition of proceeds.
- § 35-10-17. Place used for violation of beverage laws as common nuisance--Maintenance as misdemeanor.
- § 35-10-18. Lien against place of violation for fines and costs assessed--Enforcement of lien.
- § 35-10-19. Action to enjoin nuisance--Bond not required.
- § 35-10-20. Action secured against premises--Parties defendant.
- § 35-10-21. Temporary injunction in action to enjoin nuisance.
- § 35-10-22. Order prohibiting manufacture, sale or storage of beverages and occupancy of place of violation.
- § 35-10-23. Bond to secure occupancy of place of violation--Conditions.
- § 35-10-25. Summary punishment for contempt--Affidavits as prima facie case.
- § 35-10-26. Pleadings and evidence in contempt actions.
- § 35-10-27. Proceedings governed by general law of contempt.
- § 35-11-1. Legislative finding--Abrogation of former rule.
- § 35-11-2. Social hosts not liable.
- § 35-12-13. Farm winery defined.
- § 35-12-14. License fee.
- § 35-12-15. Application of title.
- § 35-12-16. Excise tax.
- § 35-12-17. Requirement to use agricultural products grown or produced in state--Exception--Perjury.
- § 35-12-18. Permitted sales--Limitation.
- § 35-12-19. Permitted licenses.
- § 35-12-20. Additional locations--Limitation.
- § 35-12-21. Registration of labels.
- § 35-12-22. Promulgation of rules.
- § 35-12A-1. Purchase of wine not in distribution in state--Ordering procedures.
- § 35-12A-2. No registration fee for certain annual purchase totals.
- § 35-12A-3. Limit on wine received from another state for personal use--Resale prohibited--Exception--Violation a misdemeanor--Department of Revenue to promulgate rules.
- § 35-12B-1. Definitions.
- § 35-12B-2. Wine direct shipper license requirements.
- § 35-12B-3. Wine carrier license requirements.
- § 35-12B-4. Duration of wine direct shipper license and wine carrier license.
- § 35-12B-5. Sale and shipment of wine registered for direct shipment--Requirements.
- § 35-12B-6. Package labeling requirements--Penalty for violations.
- § 35-12B-7. Delivery of shipment by wine carrier--Requirements--Penalty for violation.
- § 35-12B-8. Limit on amount of wine received--Resale prohibited--Violation as misdemeanor.
- § 35-12B-9. Shipment in accordance with federal permit--Violation as misdemeanor.
- § 35-12B-10. State jurisdiction--Audit of records.
- § 35-12B-11. Direct shipper quarterly reports.
- § 35-12B-12. Wine carrier quarterly reports.
- § 35-12B-13. Tax payments.
- § 35-12B-14. Electronic submission of reports--Electronic tax payments.
- § 35-12B-15. Sale and shipment of wine without direct shipper license prohibited--Action by department for violation--Civil penalty.
- § 35-12B-16. Promulgation of rules.
- § 35-12B-17. Internet website list of wine labels registered for sale and shipment.
- § 35-13-13. Definitions.
- § 35-13-14. Classes of licenses.
- § 35-13-15. Exception to licensing requirement.
- § 35-13-16. Application of title.
- § 35-13-17. Excise tax.
- § 35-13-18. Artisan distiller required to use agricultural products grown or produced in state--Exception--Perjury.
- § 35-13-19. Permitted sales by artisan distiller--Limitation.
- § 35-13-20. Permitted licenses for artisan distiller.
- § 35-13-21. Additional locations of artisan distiller--Limitation.
- § 35-13-22. Permitted sales by distiller.
- § 35-13-23. Registration of labels.
- § 35-13-24. Promulgation of rules.
- § 35-13A-1. Purchase of distilled spirits not in distribution in state--Ordering procedures--Delivery.
- § 35-13A-2. No registration fee for certain annual purchase totals.
- § 35-13A-3. Limit on distilled spirits received from another state for personal use--Resale prohibited--Certain licensee sales allowed--Violation a misdemeanor--Department of Revenue to promulgate rules.
- § 35-14-1. Definitions.
- § 35-14-2. Classes of licenses.
- § 35-14-3. Application of title.
- § 35-14-4. Excise tax.
- § 35-14-5. Permitted sales by microcidery--Limitation.
- § 35-14-6. Permitted licenses for microcidery.
- § 35-14-7. Additional locations of microcidery--Limitation.
- § 35-14-8. Permitted sales by cider manufacturer.
- § 35-14-9. Registration of labels.
- § 35-14-10. Promulgation of rules.
- § 35-15-1. Definitions.
- § 35-15-2. Classes of licenses.
- § 35-15-3. Application of title.
- § 35-15-4. Excise tax.
- § 35-15-5. Permitted sales by microbrewery--Limitation.
- § 35-15-6. Permitted licenses for microbrewery.
- § 35-15-7. Additional locations of microbrewery--Limitation.
- § 35-15-8. Permitted sales by malt beverage manufacturer.
- § 35-15-9. Registration of labels.
- § 35-15-10. Promulgation of rules.