South Dakota § 35-4-110 - Definition of terms pertaining to full-service restaurant on-sale licenses.

§ 35-4-110. Definition of terms pertaining to full-service restaurant on-sale licenses.

Terms used in this section and §§ 35-4-111 to 35-4-120, inclusive, mean:

(1)    "Bar," any permanently installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages;

(2)    "Full-service restaurant," any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or foodstuffs such as sandwiches, hamburgers, or salads is not a full-service restaurant;

(3)    "Restaurant," any area in a building maintained, advertised, and held out to the public as a place where individually priced meals are prepared and served primarily for consumption in such area and where at least sixty percent of the gross revenue of the restaurant is derived from the sale of food and nonalcoholic beverages. The restaurant shall have a dining room or rooms, a kitchen, and the number and kinds of employees necessary for the preparing, cooking, and serving of meals.

Source: SL 2008, ch 189, § 2; SL 2009, ch 177, § 1.