South Dakota § 34-46-19 - Smoking permitted in certain retail tobacco stores.

Full text of South Dakota South Dakota Codified Laws § 34-46-19 — Smoking permitted in certain retail tobacco stores., with citation guidance and answers to common questions.

§ 34-46-19. Smoking permitted in certain retail tobacco stores.

The provisions of §§ 34-46-13 to 34-46-15, inclusive, do not apply to any retail tobacco store that meets the following requirements:

(1)    Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products;

(2)    Is enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors; and

(3)    Does not allow the consumption of alcoholic beverages on the premises.

Any retail tobacco store meeting the requirements of this section shall annually report to the Department of Revenue, on a form prescribed by the department, the revenue generated from the sale of tobacco, tobacco products, and accessories for such products as a percentage of annual gross income.

Source: SL 2009, ch 171, § 7, approved eff. Nov. 10, 2010; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 34-46-19

What does South Dakota Codified Laws § 34-46-19 cover?

Section 34-46-19 ("Smoking permitted in certain retail tobacco stores.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 34-46-19?

A common citation format is "South Dakota Codified Laws § 34-46-19" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 34-46-19 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.