FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding alcoholic beverages.
one percent of alcohol by weight but not more than twenty-four percent of alcohol by weight 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 one-half percent and not more than twenty-four percent alcohol by volume.
35-1-1.1. For the purposes of this title, an entity any person that has entered into an operating agreement with a municipality pursuant to § 35-4-19 is a licensee. The number of operating agreements that a A municipality may not enter into may not exceed more operating agreements than the maximum number of retail licenses of each type that may be issued pursuant to this title.
A dispenser may transport or store any alcoholic beverage purchased for a bona fide scientific or medicinal purpose.
35-1-5.5. The board of county commissioners or the governing body of a municipality or county may permit the consumption, but not the sale, of any alcoholic beverage on property owned by the public or by a nonprofit corporation within its jurisdiction. The permit period may not exceed twenty-four hours and the hours of authorized consumption may not exceed those permitted for on-sale licensees. However, a municipality or county may permit the sale of alcoholic beverages on publicly owned property or property owned by a nonprofit corporation if it is during a special event for which a temporary license has been issued pursuant to § 35-4-124.
35-1-5.6. It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, a person may consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the beverage is purchased from a licensee who has been issued a temporary license pursuant to § 35-4-124 for a special event occurring on the premises of the licensed on-sale dealer.
35-1-8. No manufacturer, distributor, wholesaler, or transporter may sell or deliver any package containing alcoholic beverages manufactured or distributed for resale, unless the person to whom the package is sold or delivered is authorized to receive the package in accordance with the provisions of as provided in this title.
35-1-9. No licensee under this title may keep or store any alcoholic beverages at any place within the state other than on the premises where the licensee is authorized to operate. However, any such a licensee may store such alcoholic beverages in a warehouse licensed under § 35-4-44 or with a bonded warehouse that has qualified under pursuant to § 35-4-45. Such storage is subject to rules promulgated by the secretary pursuant to chapter 1-26. However, in localities where there is no such bonded warehouse, the secretary may, by rules promulgated pursuant to chapter 1-26, provide for storage of malt beverages.
Section 8. That § 35-1-9.2 be repealed.
(4) "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 one-half of one percent of alcohol by weight but not more than twenty-four percent of alcohol by volume.
operated by a carrier as defined in subdivision 35-1-1(3) and licensed pursuant to subdivision 35-4-2(9) possesses an open alcoholic beverage. The However, the driver of such a carrier is prohibited from possessing in the driver compartment of the vehicle a package or receptacle containing an alcoholic beverage if the seal of the original package seal has been is broken.
35-2-1. Any application for a license as provided for by in this title shall be made on forms prescribed by the secretary and shall be verified by the oath of the applicant. If the applicant is not an individual, the oath of applicant shall be verified by an officer of the entity applying for the license. The application shall contain such information as required by the secretary requires and shall show that and necessary to determine the eligibility of the applicant is eligible for the license for which application is made.
35-2-1.1. Any application under this title for a manufacturer, distiller, wholesaler, solicitor, transporter, carrier, or dispenser retail on premises manufacturer, wine carrier, or direct shipper license, and any application for a license to be issued to a county or municipality, shall be initially submitted to the secretary who. The secretary may approve or disapprove the application depending on whether if the secretary deems considers the applicant a suitable person to hold the license and whether the secretary considers the proposed location is suitable.
the applicant intends to operate. The applicant shall submit the required fee with the application. The governing board body may approve or disapprove the application for a new retail license or the transfer of an existing license depending on whether if the governing board deems body considers the applicant a suitable person to hold the license and whether the governing board considers the proposed location is suitable.
(2) The board governing body determines that possession of more than one-third of licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal or county governing board body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended.
35-2-2. Every application for a license directed submitted to the secretary as provided by § 35-2-1.1 shall be accompanied by payment of the required fee for the license. However, the license fee for a municipal off-sale license shall be retained by the municipality. If the application is rejected, the fee shall be promptly returned by the secretary to the applicant. If the application is granted, the secretary fee shall deposit the fee be deposited in the state treasury general fund.
(3) The application and license issued on the application constitute is a contract between the applicant and the state and the county or municipality having jurisdiction entitling them the state and the county or municipality, for the purpose of enforcing the law, rules, and ordinances, to inspect the applicant's premises and books at any time.
35-2-3. No license for the on- a retail on-sale or off-sale at retail of alcoholic beverages, as those terms are defined and classified under the provisions of this title, beverage license may be granted issued to an applicant for any such license, except after until a public hearing, upon notice, as provided for in is conducted pursuant to §§ 35-2-4 and 35-2-5.
specified application for a license for the on- retail on-sale or off-sale at retail of alcoholic beverages, the auditor or finance officer, as the case may be, or county auditor shall give notice to the resident. The notice shall be sent by mail and shall be given a sufficient length of time before the hearing upon the application so as to allow the resident a reasonable opportunity to be present.
35-2-5. The governing board body of any incorporated municipality or the board of county commissioners of any county, before which being presented applications for licenses referenced in § 35-2-3 are presented, retail on-sale or off-sale alcoholic beverage licenses shall fix the time and place for hearing upon all such applications that come before the board body. The auditor or finance officer of the board or county auditor shall publish one notice once in the official newspapers newspaper of the municipality or county. The notice shall be headed "Notice of Hearing Upon Applications for Sale of Alcoholic Beverages," shall state the time and place when and where such the applications will be considered by the board, and shall state that any person interested in the approval or rejection of any such application may appear and be heard. The notice shall be published at least one week before the hearing. At the time and place so fixed hearing, the board body shall consider each application and any objection to the application before making its a final decision on the an application.
no further application may be received from the applicant until after the expiration of three months from the date of the denied application only if the subsequent application is for a different location.
35-2-5.2. If the governing board body of the municipality or county approves the application, the governing board body shall endorse the approval on the application. The licensee is entitled to operate under the license for the succeeding licensing year if the license is approved by the secretary. However, if any transfer of ownership or location occurs, or if the licensee has been convicted of any criminal offense during the past licensing year, the application together with the approval of the governing board shall be forwarded to the secretary who may approve or disapprove the application. The license fee shall be deposited in the general fund of the municipality or county.
35-2-5.3. No licensing authority may reissue any on-sale license issued pursuant to subdivision 35-4-2(4), (6), or (13) to the same licensee or the licensee's transferee if the license has not been actively used by the applicant during the two years preceding the date of the current application. For purposes of this section, the term, actively used, means that the licensed premise premises was open to the public during regular business hours for the sale and consumption of distilled spirits for at least sixty days during the two preceding years. However, the licensed premise premises is only required to be open five days per year if it is open to the public during a special event that has at least twenty-five thousand visitors. However, the number of licenses held by a municipality pursuant to chapter 35-3 may not be less than the total number of licenses available to be issued as of July 1, 2010.
35-2-6.1. No on-sale or off-sale license may be granted under this title to operate on the campus of any state educational institution. However, if the outside boundary of any state educational institution is extended this section does not apply to any license granted previous to the extension. The provisions of this This section do does not apply to the school for the deaf established by chapter 13-62. For the purpose of this section, the term, campus, means only the area immediately surrounding the buildings used for classrooms, administrative offices, and housing.
(2) A special events license may be issued pursuant to §§ 35-4-124, 35-4-124.1, and 35-4-125 for a special event authorized by the Board of Regents that involves the performing arts, intercollegiate athletics, fund raising, a reception, a conference, or an occasional or scheduled event.
35-2-6.2. Any licensee under this title, with the exception of a solicitor, must shall be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like of the corporation shall meet the same qualifications.
35-2-6.3. Any distiller, manufacturer, wholesaler, or retailer licensee under this title must shall be the owner or actual lessee of the premises where the business is to be conducted and the sole owner of the business to be operated under such the license. However, this section does not apply to a special event licensee issued a temporary license pursuant to § 35-4-124.
35-2-6.4. Except as provided in § 35-5-3.2, no distiller, manufacturer, or wholesaler licensee under this title nor any officer, director, stockholder, agent, or employee thereof or any relative of the licensee, officer, director, stockholder, agent, or employee may be in any way financially interested, either directly or indirectly, or participate in the operation of the business of any retailer licensee other than by reason of sales to the licensee. No solicitor licensee may sell to any retailer licensee in which a relative of the solicitor licensee has any direct or indirect financial interest or participates in the operation of the retail business. A retailer who is a party to any action prohibited by this section is guilty of a Class 2 misdemeanor.
Section 25. That § 35-2-6.6 be repealed.
35-2-6.6. No licensee may permit any person to become intoxicated on the premises described on the license.
Section 26. That § 35-2-6.7 be repealed.
(5) Such retail licensee purchases alcoholic beverages only from South Dakota wholesale licensees.
tribe or from an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until all use tax incurred as a result of the operation of the licensed premises by nonmembers, and any other state tax, has been remitted or is not delinquent. If the transfer is to a new location, the licensee shall make application showing all the relevant facts for the new location. The application shall take the same course and be acted upon in the same manner as if an original application. If a license is transferred, a fee of one hundred fifty dollars is required to continue the unexpired portion of the license.
35-2-8. If an individual licensee under this title, other than a solicitor or dispenser licensee under chapter 35-4, dies, the personal representative of the deceased licensee may succeed to all of the rights of the deceased licensee under the license. By operating under the license, the personal representative agrees to all of the terms and conditions of the license and is subject to all of the liabilities and responsibilities of such a the licensee. Any bond executed under the provisions of this title includes the personal representative as a principal if the license passes to the personal representative.
35-2-9. Any licensee authorized to deal in alcoholic beverages, upon termination of the license, may at any time within thirty days after the termination of the license sell the whole or any part of the alcoholic beverages included in the licensee's stock in trade at the time of the termination to any wholesaler licensed under this title to deal in to sell the alcoholic beverages so purchased by the wholesaler. The wholesaler shall make a complete report of the purchase to the secretary.
(3) Any ordinance or regulation relevant to alcoholic beverage control that has been adopted by the political subdivision issuing the license.
For any licensee with multiple alcoholic beverage licenses for the same premises, upon suspension or revocation of any license pursuant to this title, the licensee shall cease operation under all alcoholic beverage licenses held by the licensee for the same premises for the same period as the suspension or revocation.
35-2-10.1. No retail license may be revoked or suspended because of a violation of any statute, ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person under the age of twenty-one years if the violation was committed by an employee or agent of the licensee and the licensee has not had more than two violations of any statute, ordinance, rule, or regulation prohibiting the sale or service of an alcoholic beverage to a person under the age of twenty-one years on the premises where the violation occurred in the previous twenty-four months.
from purchasing or consuming alcoholic beverages, the secretary shall impose a civil penalty of one thousand dollars for a first violation and two thousand dollars for a second violation.
Multiple violations of any statute, ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person under the age of twenty-one years occurring within forty-eight hours of commencement of any compliance check as provided in § 35-2-10.3 shall be considered to be a single violation for purposes of this section. However, except for purposes of corroboration, at no time may more than one underaged informant be used in any compliance check in any forty-eight hour period.
A licensee may request an administrative hearing pursuant to chapter 1-26 to contest the imposition of a civil penalty.
35-2-10.2. The department shall, on or before the first of July of each year, develop and publish maintain on its public internet website, a directory listing all nationally recognized training programs which have been that are approved by the department. The department shall annually notify each licensee in writing and by posting on the department's internet website a list of the nationally recognized training programs approved pursuant to § 35-2-10.1. Any alcohol licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has the burden of proof to show that its the licensee's employees have attended an approved alcohol training program to be eligible for any reduction in the penalty imposed for the violation.
check within forty-eight hours after the compliance check takes place. No licensed premises may be subject to more than one compliance check within a forty-eight hour period.
35-2-11.1. The governing board body of the a municipality or the board of county commissioners which approved the application for license under § 35-2-1.2 shall may recommend to the secretary following a hearing that any license issued under this title be suspended or revoked for violation of any of the provisions of this title or for violations of any ordinance or regulation of the governing body issuing the license relevant to alcoholic beverage control which that occurs on the premises of the licensee. Upon receipt of the recommendation, the secretary shall proceed in accordance with the provisions of as provided in §§ 35-2-10 and 35-2-21.
35-2-11.2. Any action taken by the governing board body of a municipality or board of county commissioners pursuant to § 35-2-11.1 shall be preceded by notification to the licensee, at the address given on the license, at least thirty days in advance of the date set for public hearing on the suspension action. Notice of public hearing shall be published in the official newspaper of the municipality or county at least one week prior to such before the hearing and in such a form as deemed appropriate approved by the municipality or county governing body.
any provision of this title has occurred, the secretary shall cause proceedings to be instituted for revocation of the license proceed in accordance with the provisions of §§ 35-2-10, 35-20-10.1, and 35-2-21.
35-2-13. An applicant or licensee under this title, or any interested person or governing board interested therein, body has a right to a hearing in relation to any action taken upon the application or license, which. The hearing shall be held in the county where the license has been applied for or has been issued, in accordance with under the provisions of chapter 1-26. However, if the parties agree, a hearing to determine whether the secretary may suspend or revoke a license may be held at a location other than the county where the license has been applied for or has been issued. Such hearing may be held pursuant to § 1-25-1.
35-2-19. Upon service of notice of a decision or order for revocation of the license on the licensee, all of the licensee's rights under the license terminate ten days after the notice, except in the event of a stay on appeal.
pursuant to the provisions of under this title. The amount of the offer in compromise settlement may not exceed seventy-five thousand dollars. The secretary may also recover the actual costs of investigation and prosecution.
35-2-25. No license granted pursuant to subdivisions 35-4-2(3), (4), (6), (12), (13), (16), (17), (17A), and (20) and §§ 35-12-2 and 35-13-2 this title may be issued unless the applicant has first obtained a sales tax license pursuant to chapter 10-45, or, if applicable, or a use tax license pursuant to chapter 10-46, if applicable.
35-3-8. As to any of the questions referred to in § 35-3-7, fifteen Fifteen percent of the legal voters residing in a municipality may petition for a special election to determine such any question subject to local option pursuant to § 35-3-7. In the case of If a municipality having has a mayor, the number of legal voters shall be deemed is the total number voting in the last preceding election of a mayor, and in other municipalities the number of legal voters shall be deemed is the total number voting in the last preceding regular municipal or township election. The petition shall set forth the question which the petitioners desire submitted, and shall be filed with the city or town auditor or finance officer, or township clerk, as the case may be.
majority vote is in the affirmative, or unless there is submitted the question of a license being granted to the municipality and the majority vote on the question is in the affirmative. Nothing in this section precludes the question required by § 35-3-10 from being resubmitted in any subsequent election after the waiting period required by § 35-3-26.
35-3-13. If the majority vote is in the affirmative on the election question provided in subdivision subdivisions 35-3-12(1) and (2), the governing board body of the municipality shall make an application for an off-sale license or licenses. If the majority vote is in the affirmative on the election question provided in subdivision 35-3-12(2) and the municipality has applied for or has been issued an off-sale license, the governing board of the municipality shall make an application for an on-sale the license or licenses. The application or applications shall be filed with the secretary, and the secretary shall issue the license or licenses applied for and all similar licenses. Any similar license in the municipality shall terminate thirty days after the canvass of the vote at such election.
35-3-24. If, at a special election on the questions specified in subdivisions subdivision 35-3-23(1) and or (2), the majority vote is in the negative on the either question in subdivision (1), the governing board body of the municipality may not apply for the renewal of either the off-sale license or the on-sale license licenses. If the majority vote is in the negative on the question in subdivision (2), the governing board of the municipality may not apply for the renewal of the on-sale license.
35-3-26. If the question of whether on-sale licenses shall be granted has been submitted to the voters of a municipality, the same question may not be resubmitted within a year thereafter.
If either of the questions If any question specified in §§ 35-3-12 and 35-3-23 this chapter has been submitted to the voters of a municipality, neither the same question may not be submitted within a one year thereafter.
(23) Off-sale delivery--one hundred fifty dollars.
Section 47. That § 35-4-2.1 be repealed.
35-4-2.1. Notwithstanding § 35-4-81, the governing body of any municipality or county may, in its discretion, provide in any on-sale license the right to sell, serve, or allow to be consumed alcoholic beverages on Sunday except between the hours of two a.m. and seven a.m.
35-4-2.4. Any municipality which that holds an off-sale license under subdivision 35-4-2(5) is eligible for a retailer's or package dealer license under subdivisions either subdivision 35-4-2(12) or (16), (17), and (17A) or both. Any municipality which that holds an on-sale license under chapter 35-4 is eligible for a retailer's license under either subdivision 35-4-2(12) or (16), or both. Upon termination of any such license the governing board of the municipality is authorized to liquidate the business operated pursuant to the license and the assets of the business in a manner as may be determined by resolution of the governing board, not inconsistent with the provisions of this title.
Section 49. That § 35-4-2.5 be repealed.
35-4-2.5. Notwithstanding the provisions of § 35-4-41, the period covered by licenses issued pursuant to subdivisions 35-4-2(14), (15), (16), (17), and (17A) shall be from twelve midnight on the thirtieth day of June to twelve midnight on the thirtieth day of the next June.
Section 50. That § 35-4-2.7 be repealed.
35-4-2.7. The Department of Revenue may promulgate rules pursuant to chapter 1-26 which make distinctions between wholesale licensees based on the type of alcoholic beverage sold.
35-4-2.8. An on-sale Any retail licensee, licensed under subdivision 35-4-2(4) or (6), this chapter may also be licensed under subdivision 35-4-2(12) or (16), or both hold other retail license types issued pursuant to this chapter at the same licensed premises. A licensee holding two or more licenses pursuant to this section may exercise the privileges granted under the each license issued pursuant to subdivision 35-4-2(12) or subdivision 35-4-2(16).
35-4-2.11. Fifty percent of all license and transfer fees received under the provisions of subdivisions 35-4-2(16), (17), (17A), and (20) pursuant to subdivision 35-4-2(16) shall remain in the municipality in which the licensee paying the fee is located, or if. If the licensee is located outside the corporate limits of a municipality, then in fifty percent of the fees remain in the county in which the licensee is located. In addition, fifty percent of wholesaler license fees received under subdivision 35-4-2(15) shall revert to the municipality in which the licensee is located, or if outside the corporate limits of a municipality, then to the county in which the licensee is located. The remainder of all license and transfer fees and penalties received shall be credited to the state general fund.
Section 53. That § 35-4-4.1 be repealed.
class, the minimum number of rooms required as suitable lodging accommodations shall be fifty rooms.
35-4-5.1. No distributor of distilled spirits, manufacturer, rectifier, distiller, or jobber or retailer, or a copartner or a majority stockholder of a parent or subsidiary corporation or holder of a controlling interest in any of them a manufacturer or retailer, may be granted a wholesale license or be granted a renewal of such a wholesale license under this chapter.
35-4-6. Except as provided in subdivisions 35-4-2(12), and (16), (17), (17A), and (19), off-sale licenses may only be issued under this chapter only to operate within a municipality or an improvement district created pursuant to chapter 7-25A.
35-4-10. No more than two off-sale licenses issued pursuant to subdivisions 35-4-2(3) and (5) may be issued under this chapter to operate in a municipality of one thousand or less and not exceeding one license for every additional fifteen hundred of population or fraction thereof. The number of off-sale licenses may not be less than the total number of licenses allowable or issued as of July 1, 1981, and that have never been revoked or not reissued.
The quotas established in this section do not apply to the licenses issued pursuant to subdivisions 35-4-2(12), (16), (17), and (17A).
cordials being offered and are subject to the limitations established pursuant to § 35-4-10.2. The provisions of this section do not apply to any solicitor of a wholesaler licensed pursuant to subdivision 35-4-2(2) or (15).
35-4-11. If not fixed by ordinance, the governing board body of any municipality may, on or before the first second of September in each year, by resolution, determine the number of on-sale and off-sale licenses that the board body will approve for the ensuing calendar year, and the fees to be charged for the various classifications of licenses. The number of on-sale licenses issued pursuant to subdivision 35-4-2(4) may not exceed three each for the first one thousand of population or fraction thereof and may not exceed one each of such licenses for each additional one thousand five hundred of population or fraction thereof. The number of licenses allowable may not be less than the total number of licenses allowable or issued as of July 1, 1981, and that have never been revoked or not reissued. The municipal governing board body shall at such meeting also establish the fee for on-sale licenses pursuant to subdivisions 35-4-2(4) and (13). The fee applies to all such on-sale licenses issued in the ensuing calendar year. The quotas established in this section do not apply to licenses issued pursuant to subdivisions 35-4-2(12), (16), (17), and (17A).
For the purposes of this section, population is equal to ninety percent of the population estimates published by the United States Census Bureau for each even-numbered year, except for the decennial year. For a decennial year, population is equal to the amount determined by the decennial federal census. No license issued pursuant to this section which exceeds the number of licenses that would have been issued upon the decennial federal census may be denied solely by reason that the license exceeds the number of licenses authorized by the decennial federal census.
35-4-11.1. If not previously fixed by ordinance or continuing resolution, the board of county commissioners shall, on or before the first second of September in each year, determine the number of on-sale licenses it will approve for the ensuing calendar year and the fees to be charged for the various classifications of licenses. The number of licenses issued pursuant to subdivision 35-4-2(6) may not exceed three for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof, the. The population to include includes only those residing within the county, but outside the incorporated municipalities and improvement districts, created pursuant to chapter 7-25A, within the county. However, any license issued in an improvement district prior to July 1, 2000, shall be included when calculating the total number of licenses that may be issued by the county where the improvement district is located. No licensee regularly licensed to do business on July 1, 1981, may be denied reissuance of a license in subsequent years solely by reason of any limitations, based upon population quotas, of the number of licenses authorized or established under the provisions of this title. Licenses issued to concessionaires, and lessees of the State of South Dakota, within the boundaries of state parks, prior to January 1, 1983, may be subtracted when calculating the total number of licenses permitted in this section. The quotas established in this section do not apply to licenses issued pursuant to subdivisions 35-4-2(12), (16), (17), (17A), and (19).
shall be used and kept open for the hosting of large groups of guests for compensation and shall have at least one hundred rooms which that are suitable lodging accommodations and convention facilities with seating for at least four hundred persons. If located in a second or third class municipality, the hotel-motel convention facility shall have at least forty rooms which that are suitable lodging accommodations and convention facilities with seating for at least one hundred fifty persons.
If a municipality's classification changes from one class to another class, the facility is only required to meet the criteria established by this section for the license at the time it was originally issued.
Section 61. That § 35-4-11.6 be repealed.
35-4-11.6. Any municipality may issue one on-sale license to be operated at a dog track licensed pursuant to § 42-7-58. The license shall be issued without regard to the population limitations established pursuant to § 35-4-11.
35-4-11.12. A county may issue on-sale licenses pursuant to subdivision 35-4-2(6) to be operated only within an improvement district, created pursuant to chapter 7-25A, within the county. The number of licenses issued in the improvement district may not exceed three for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof, including any licenses issued in the improvement district prior to July 1, 2000.
35-4-13. If by reason of, due to the annexation of territory by any municipal corporation municipality or county, the premises of an on-sale licensee are transferred from one jurisdiction to another, the licensee may continue to legally operate until the expiration of the license.
Thereafter After the expiration of the license, the licensee may apply for renewal of the license to the governing board body that has jurisdiction of over the licensed premises. The license application may not be denied on the grounds that, by the issuance of the license, more on-sale licenses are in existence than is permitted by the limitations of this chapter.
Section 64. That § 35-4-13.1 be repealed.
35-4-13.1. Notwithstanding the repeal provisions of chapter 211 of the Session Laws of 1971, any club which has before July 1, 1971, been issued a license under the provisions of former subdivision 35-4-2(13) may continue as an on-sale licensee, upon its continued annual application at such license fee as the municipality may establish. It shall continue to buy its alcoholic beverages from the municipal off-sale establishment in the municipality where it is located and shall be subject to all provisions of this title relating to the operation of an on-sale licensee. The municipality being authorized to sell is not deemed a wholesaler and may sell it at an agreed price, but in no event less than ten percent over and above its actual costs, including costs of transportation.
an operating agreement with any person for the specific purpose of operating the an on-sale establishment or the an off-sale establishment, or both for the municipality.
35-4-19.1. The provisions of §§ 35-4-110 to 35-4-120, inclusive, apply to any municipality that enters into operating agreements pursuant to subdivision 35-4-19(2) § 35-4-19. Each operating agreement holder is a license holder for the purposes of §§ 35-4-110 to 35-4-120, inclusive, and when applying these provisions.
alcoholic beverages supplied the on-sale manager. All such liquors alcoholic beverages shall be evidenced by prenumbered invoices prepared in triplicate showing the date, quantity, brand, size, and actual cost as set forth in subdivision (5) of this section. The invoices shall bear the signature of the on-sale manager or the manager's authorized representative. One copy of the invoice shall be retained by the off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the municipal auditor or clerk. All copies shall be kept as permanent records and made available for reference and audit purposes.
35-4-22. If a municipality has been issued an off-sale license only, the governing board body may, by resolution, enter into an operating agreement with the manager of a legitimate operating business concern for the specific purpose of operating the off-sale establishment for the municipality.
35-4-22.1. An off-sale licensee applying for license renewal, to the governing board which body that has jurisdiction over the licensed premises, may not be denied the license on the grounds that the location of the premise premises is outside the boundaries of a municipality or an unincorporated platted area with a United States post office, if the licensee has held or had an interest in an off-sale license at a location outside the boundaries of a municipality on an unincorporated platted area with a United States post office for more than five years.
application for a new license is in the possession of the secretary before midnight on the thirty-first day of December when the license expires. The full fee shall be charged for any license for a portion of the period, except as provided in subdivision 35-4-2(1).
Notwithstanding the provisions of this section, the period covered by any license issued pursuant to subdivision 35-4-2(16) and any manufacturer license issued under this title shall be from twelve o'clock midnight on the thirtieth day of June to twelve o'clock midnight on the thirtieth day of the next June.
Section 71. That § 35-4-44 be repealed.
35-4-44. A distiller licensee may maintain warehouses at points other than designated in the distiller's license for temporary storage and distribution of alcoholic beverages, upon filing with the secretary a full and complete description of each such warehouse and upon payment of an additional annual license fee of one thousand dollars for each such warehouse.
35-4-45. Any bonded warehouse within South Dakota this state may, upon compliance with the provisions of this section, receive alcoholic beverages for storage purposes. Before receiving any such alcoholic beverages, the bonded warehouse shall furnish, in addition to any bond previously furnished under the general laws law, a bond in the amount of ten thousand dollars guaranteeing that the bonded warehouse, its officers, employees, and agents will comply with all provisions of this chapter and chapter 35-5 title applicable to the bonded warehouse. The bond shall be in a form prescribed by the secretary and shall be approved by and filed with the secretary.
Section 73. That § 35-4-46 be repealed.
bonded warehouse pursuant to § 35-4-45. The permit may be purchased for an annual fee of one hundred dollars, and the fee shall be deposited in the general fund. Any alcoholic beverages stored in a bonded warehouse may only be delivered to a distiller or wholesaler licensee.
(3) Bonded warehouses as provided in § 35-4-45.
Section 75. That § 35-4-48 be repealed.
quality control, when such territory has been agreed to by the licensee and the brewer.
35-4-50. Licensed wholesalers A licensed wholesaler under this chapter may only sell alcoholic beverages in this state only to wholesale to a manufacturer, wholesaler, and to retail licensees licensee under this chapter and only such kinds of the alcoholic beverages as that the respective licensees are licensee is authorized to purchase. However, wholesale licensees may sell, ship, or transport such beverages to duly licensed wholesalers, distillers, and rectifiers outside of this state.
35-4-52. No distiller or wholesale licensee manufacturer or wholesaler may attempt to promote the sale of liquor alcoholic beverages by tie-in sales arrangements or by any device such as gifts or other concessions of financial value to a customer. The distiller or wholesale licensee manufacturer or wholesaler may promote sales only on the basis of price competition, salesmanship, reliability as a supplier, and other ordinary competitive business practices.
35-4-60. Except as provided by § 35-4-61, in this title, a retail licensees licensee may only buy or receive alcoholic beverages only from wholesale licensees a wholesaler licensed under this chapter. Dispenser licensees may buy or receive alcohol only, and only from wholesale licensees or from wholesalers outside the state.
licensees under this section be made from the municipality. A municipality selling malt beverages to any licensee licensed under subdivision 35-4-2(3), (4), or (16), (17), (17A), or (20) may not charge the licensee more than five percent above the municipality's cost for malt beverages plus freight unless the municipality has an operating agreement in effect on April 1, 1988, for its on-sale alcoholic beverage licensees licensed pursuant to subdivision 35-4-2(4) and imposes a mark-up higher than five percent for malt beverages. The municipality shall charge all licensees under this section the same price for malt beverages. The provisions of this section for a licensee licensed pursuant to subdivision 35-4-2(3), or (4), or (20) only apply if the licensee is located in a municipality with a population that exceeds eight thousand.
Section 81. That § 35-4-61 be repealed.
35-4-61. Retail licensees may purchase or receive malt beverages only from a wholesale licensee under subdivision 35-4-2(2) or from a wholesaler licensed under subdivision 35-4-2(15).
(9) By a wine carrier as defined in § 35-12B-1.
35-4-67. Except as provided in subdivisions 35-4-66(1), (3), (4), (5), (6), and 7 (7), no person other than a transporter may bring into the state alcoholic beverages into this state.
with the applicable requirements for the receipt of federal aid.
Nothing in this section prevents the governing body from imposing conditions or restrictions that it deems the governing body considers appropriate.
The sidewalk or walkway subject to a public right-of-way where the sale and consumption of alcoholic beverages is permitted does not constitute a public place as defined in § 35-1-5.3, if the sidewalk or walkway subject to a public right-of-way has been properly authorized for sale and consumption of alcoholic beverages pursuant to this section. The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way as provided by this section shall be consistent with the hours permitted for the on-sale license.
A violation of any provision of Title 35 this title by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of-way pursuant to this section constitutes a violation of Title 35 this title as if the violation had occurred in or on the licensed premises.
35-4-78. No licensee may sell any alcoholic beverage to any person who is obviously intoxicated at the time or allow any person to become intoxicated on the licensed premises. A violation of this section is a Class 1 misdemeanor.
However, no licensee is civilly liable to any injured person or the injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the intoxication of any person due to the sale or consumption of any alcoholic beverage in violation of the provisions of this section.
on such the licensed premises. However, an on-sale licensee licensed pursuant to subdivision 35-4-2(4), (6), (11), (12), (13), (16), or (20) may permit persons eighteen years old or older to sell and serve or dispense alcoholic beverages if less than fifty percent of the gross business transacted by that establishment is from the sale of alcoholic beverages and the licensee or an employee that is at least twenty-one years of age is on the premises when the alcoholic beverage is sold or dispensed. For the purposes of this section, the term, to sell and serve alcoholic beverages, means to take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic beverages.
A violation of this section is a Class 2 misdemeanor.
Section 87. That § 35-4-79.1 be repealed.
35-4-79.1. No off-sale licensee licensed under subdivision 35-4-2(3), (5), (17), or (17A) may permit any person less than twenty-one years old to sell, serve, or dispense alcoholic beverages on the licensed premises unless such sales of alcoholic beverages constitutes less than fifty percent of the gross business transacted by that establishment. If alcoholic beverage sales constitute less than fifty percent of the gross business transacted by the establishment, the licensee may permit persons eighteen years old or older to sell, serve, or dispense alcoholic beverages.
alcoholic beverages, does not include tending bar or drawing, pouring, or mixing alcoholic beverages.
Section 89. That § 35-4-79.2 be repealed.
35-4-79.2. Notwithstanding § 35-4-79, an on-sale licensee issued a license pursuant to subdivision 35-4-2(16) whose sale of alcoholic beverages constitutes more than fifty percent of the gross business transacted by that establishment may erect a physical barrier to allow for multiple uses of the premises by persons of all ages provided persons under the age of twenty-one are not permitted access to the area reserved for the sale of malt beverages. For the purposes of this section, a physical barrier includes, but is not limited to, a wall, fence, rope, railing, or other physical feature erected for the sole purpose of restricting the free flow of foot traffic and access to a certain area of a premise.
35-4-81. No on-sale or off-sale licensee, licensed under subdivisions 35-4-2(3), (4), (5), (6), (9), (11), (13), or (18), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of two a.m. and seven a.m. or on Sunday after two a.m., on Memorial Day after two a.m., or at any time on Christmas Day. However, any Any municipality or county may, by ordinance, allow prohibit or restrict the sale, service, and consumption of alcoholic beverages on Sundays and, Christmas Day, or Memorial Day. A violation of this section is a Class 2 misdemeanor.
this section is a Class 2 misdemeanor.
Section 92. That § 35-4-85 be repealed.
35-4-85. No person may buy from any on-sale dealer, except for a retailer licensed under subdivision 35-4-2(16), any alcoholic beverage in a package, whether sealed or unsealed, or whether full or partially full.
Section 93. That § 35-4-94 be repealed.
35-4-94. No brand of distilled spirits may be sold to or purchased by a wholesaler, irrespective of the place of sale or delivery unless a verified affirmation statement is filed with the Department of Revenue and is then in effect.
Section 94. That § 35-4-95 be repealed.
35-4-95. Any owner, or owner's authorized agent, of a brand of distilled spirits, registered and sold in South Dakota, shall file a verified affirmation statement that the net price currently available to South Dakota wholesalers is no greater than the lowest price at which the item of distilled spirits is sold by a brand owner or any appointed agent of a brand owner to any wholesaler anywhere in any other state of the United States or the District of Columbia, or to any state or state agency which owns and operates wholesale distilled spirits outlets or retail liquor stores. When affirming the price of distilled spirits, the statement shall reflect the price freight on board point of origin and all discounts, rebates, credits, or other allowances which effectively reduce the price.
Section 95. That § 35-4-96 be repealed.
(3) The number of bottles contained in each case and the bottle and case price to wholesalers, which is individual for each item.
The schedules and documents shall be filed in a form and manner to be determined by the secretary to facilitate the enforcement of §§ 35-4-94 to 35-4-98, inclusive.
Section 96. That § 35-4-97 be repealed.
35-4-97. Upon a finding that a brand owner, or authorized agent of the brand owner, has knowingly violated the provisions of §§ 35-4-94 to 35-4-98, inclusive, or that any person has knowingly made a false statement in any affirmation statement made and filed pursuant to §§ 35-4-94 to 35-4-98, inclusive, the secretary shall collect a civil penalty of one hundred dollars per case for each case sold in violation of §§ 35-4-94 to 35-4-98, inclusive. Any item sold in violation of the provisions of §§ 35-4-94 to 35-4-98, inclusive, may not be sold to or purchased by any wholesaler for a period of thirty days.
Section 97. That § 35-4-98 be repealed.
35-4-98. A filing made pursuant to §§ 35-4-94 to 35-4-98, inclusive, is confidential. It is a Class 2 misdemeanor to disclose any such filing except to a wholesaler licensed under Title 35 or in accordance with the manner in which returns and return information may be disclosed pursuant to §§ 10-1-28.4 and 10-1-28.5.
35-4-101. Any hotel or motel may operate minibars as defined in § 35-1-1 in any of its rooms or units if the hotel or motel has an on-sale liquor license issued pursuant to subdivision 35-4-2(4), (6), or (13).
35-4-103. Any municipality or county may impose on any person who is licensed pursuant to subdivision 35-4-2(4), (6), (11), (12), (13), or (16) this chapter and who is issued a video lottery establishment license pursuant to § 42-7A-41 an annual additional license fee for the privilege of locating video lottery machines on the licensed premises. The fee may not exceed fifty dollars for each video lottery machine. The fees imposed by this section are in addition to fees imposed under §§ 35-4-2 and 42-7A-41 and shall be paid at the same time and in the same manner as the fees paid in § 35-4-2. All fees received under this section shall be deposited into the general fund of the municipality or county having jurisdiction over the licensee. However, the municipality or county may not impose this additional fee on more than one license per location.
35-4-106. Any county or municipality operating a golf course may, by resolution, without an election, but subject to referendum, make application for the issuance of an on-sale license, including a malt beverage retailer's license, at such facility at the golf course.
its on-sale license. If there are no documented sales of on-sale licenses between January 1, 2003, and January 1, 2008, the municipality or county may request from any on-sale license holder within the municipality or county, the date and price originally paid for its on-sale license to determine the current fair market value.
governing board may be appealed to circuit court.
Section 103. That § 35-4-121 be repealed.
35-4-121. Any person, corporation, or business entity that is issued a new retail license under subdivision 35-4-2(3) in a municipality of the first class after June 30, 2008, and derives more than fifty percent of the licensee's annual gross receipts from the sale of food, prepared food, and food ingredients at the location where the license is held, shall display its alcoholic beverages, other than malt beverages and wine, in one area which is separated by a physical barrier from the rest of the establishment. For the purposes of this section, a physical barrier includes a wall or fence erected for the sole purpose of separating the area in which the alcoholic beverages are displayed from the rest of the establishment.
Section 104. That § 35-4-122 be repealed.
35-4-122. Any person, corporation, or business entity that is issued a new retail license under subdivision 35-4-2(3) after June 30, 2009, and derives less than fifty percent of the licensee's annual gross receipts from the sale of alcoholic beverages at the location where the license is held shall display its alcoholic beverages, other than malt beverages and wine, in one area which is separated by a physical barrier from the rest of the establishment. For the purposes of this section, a physical barrier includes a wall or fence erected for the sole purpose of separating the area in which the alcoholic beverages are displayed from the rest of the establishment.
alcoholic beverage at the county fairgrounds may not occur more than one hour before the commencement of any event at the county fairgrounds or at any time after the event is concluded. A license issued pursuant to this section may not be transferred. The license shall be issued without regard to the population limitations established pursuant to §§ 35-4-11 and 35-4-11.1.
(7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization.
Any license issued pursuant to this section may be issued for a period of time established by the municipality or county. However, no period of time may exceed fifteen consecutive days. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year.
special events license pursuant to subdivision 35-4-124(5) may accept only sell wine that has been donated wine from by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may accept donated only sell malt beverages from that have been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may accept donated only sell alcoholic beverages from that have been donated by members of the public to be sold at the special event.
Any The donor shall purchase any donated alcoholic beverage must have been purchased from a licensed South Dakota retailer by the donor.
35-4-127. A licensee licensed pursuant to subdivisions subdivision 35-4-2(3) or (5) may apply for an off-sale delivery license as provided by subdivision 35-4-2(23) to deliver alcohol alcoholic beverages to a consumer within the boundaries of the municipality that issued the off-sale license. The alcohol alcoholic beverage for delivery shall be purchased in person and on-site at the licensee's off-sale premises. The minimum purchase of alcohol alcoholic beverages shall be one hundred fifty dollars. The delivery shall be made during hours of operation pursuant to § 35-4-81 § 35-4-81.2 by an employee of the licensee who is at least twenty-one years old. The employee shall obtain the signature of a person twenty-one years of age old or older prior to before delivery of the shipment. The employee shall request that the person signing for the delivery display a valid age-bearing photo identification document issued by this state, another state, or the federal government verifying that the person is twenty-one years of age old or older. Documentation verifying the identification of the person signing for the delivery shall be retained by the licensee for one year.
Any licensee who delivers alcohol alcoholic beverages to a person under twenty-one years of age old is subject to a civil penalty of one thousand dollars for a first offense and two thousand dollars for a second or subsequent offense. Any money collected pursuant to this section shall be deposited in the general fund.
37-10A-1. An No alcoholic beverage may not be sold below the wholesale cost of the alcoholic beverage, unless the sale constitutes the termination of the sale of the alcoholic beverage on the licensed premises. Any alcoholic beverage offered for sale at less than wholesale cost may not be offered again for sale on the licensed premises for a period of less than one year after termination of the sale of the product on the licensed premises. Wholesale The wholesale cost is the consideration paid by a retailer to a wholesaler to acquire an alcoholic beverage and includes the purchase price and freight charges. If no wholesaler is used in the sale, the direct shipper may not sell the alcoholic beverage below the manufacturer's cost.
Section 110. The Code Counsel shall transfer § 37-10A-1 to chapter 35-4.
35-5-1. The provisions of this chapter shall be construed to relate apply to all alcoholic beverages.
beverages purchased, received, or imported for sale to a retailer.
(5) All other alcoholic beverages not otherwise specified, three dollars and ninety-three cents per gallon.
beverages, include beverages which contain in excess of twelve percent alcohol by weight.
Any funds collected from the alcohol excise tax imposed by this section shall be deposited in the alcoholic beverage fund.
35-5-3.3. A malt beverage manufacturer who possesses an on-sale license authorized pursuant to § 35-5-3.2 may be issued a malt beverage package dealer's license issued pursuant to subdivision 35-4-2(17) 35-4-2(16) for such the premises where the malt beverage is manufactured, limited to the sale of malt beverages the manufacturer manufactures. The manufacturer shall pay the tax imposed under subdivision 35-5-3(1) on all malt beverages so sold.
Section 115. That § 35-5-4 be repealed.
35-5-4. In computing the occupational tax on any package of alcoholic beverages, other than malt beverages, a proportionate tax at a like rate on all fractional parts of a gallon less than one-sixteenth shall be taxed at the same rate as for one-sixteenth of a gallon.
(4) Malt beverages sold by manufacturers for transportation in interstate commerce.
the purchase price is imposed upon the purchases of alcoholic beverages, except malt beverages, by a wholesaler from a distiller, manufacturer, or supplier. The tax shall be paid monthly and shall be administered and collected in the same manner as provided in this chapter for the collection of the occupational alcohol excise tax. A licensee shall indicate the total dollar amount of purchases received during the reporting period. Funds collected from the tax imposed by this section shall be deposited in the state general fund.
35-5-7. Any licensee liable for the payment of the occupational tax taxes levied under this chapter may be required by the secretary to file with the secretary a bond or bonds, in an amount and form prescribed by the secretary, with corporate surety satisfactory to the secretary. The amount of the bond may not exceed fifty thousand dollars, and the secretary may require the increase or permit the decrease of the amount of the bond to a sum that the secretary deems determines is necessary to assure payment of the tax. The bond or bonds shall run to the state and shall be conditioned on the payment of all taxes levied by under this chapter on or before the due date of payment, and on the payment of all fines and penalties lawfully imposed by reason of failure to pay any such taxes levied under this chapter on the date payment is due. In lieu of a bond, the secretary may allow the licensee to furnish the amount of the bond in cash or negotiable securities approved by the secretary.
35-5-10. Licensees Each licensee liable for the payment of the occupational tax taxes levied by under this chapter shall file with the secretary a return, on such a form as prescribed by the secretary may require, showing the kind and quantity of alcoholic beverages produced, received, and on hand, together with the names of the persons from whom received, the amount of tax due, and such any other information as prescribed by the secretary shall by regulation prescribe.
Said. The return, covering the period of one calendar month, together with payment of the tax due, shall be transmitted to the department on or before the twenty-fifth day of the second month following the close of the reporting period. A violation of this section is a Class 1 misdemeanor.
35-5-19. Any person required to file returns or reports under this chapter, who fails to file a return or report within the month following the month the return or report is or pay the tax when due is subject to an additional tax, assessed as a penalty, equal to ten percent of the tax or ten dollars, whichever is greater interest and penalty at the rates set forth in § 10-59-6. However, for a reasonable cause shown, the secretary may reduce or eliminate such the penalty. If the tax imposed by this chapter is not paid on the due date, the amount of the tax shall bear the interest at the Category D rate of interest as established in § 54-3-16 from the date of delinquency until paid. If any licensee files a false or fraudulent return, there shall be added to the tax an amount equal to the tax evaded, or attempted to be evaded, shall be added to the tax. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants, and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest and then to penalty. No court of this state may enjoin the collection of any such the tax or civil penalty.
and voucher kept, maintained, received, or issued by the licensee in connection with the licensee's business that, in the judgment of the secretary, may be necessary to administer and discharge the secretary's duties, to secure the maximum of revenue to be paid, and to carry out the provisions of law. A violation of this section is a Class 1 misdemeanor.
If default is made, or if any such licensee fails or refuses to furnish any other reports or information referred to upon request for the reports or information, the secretary may enter the licensee's premises where the records are kept and make such examination as is examine the records as necessary to compile the required report. The cost of the examination shall be paid by the licensee whose reports are in default.
35-5-20.1. Any person outside the state who sells or ships alcoholic beverages to a distiller, manufacturer, or wholesaler, solicitor, or dispenser within this state shall forthwith forward to provide the secretary such a report as the secretary shall may require, giving the name and address of the licensee or person making the purchase, the quantity and kind of alcoholic beverages sold, the manner of delivery and such any other information as prescribed in rule by the secretary by rule requires. A violation of this section is a Class 1 misdemeanor.
Section 123. That § 35-5-20.2 be repealed.
35-5-20.2. The failure by any person to make a report as required by § 35-5-20.1 is sufficient cause for the secretary to revoke or suspend all licenses to solicitor licensees employed by the person, to terminate any permit issued to the person under § 35-4-46, and to notify all distiller, manufacturer, and wholesaler licensees to make no further purchases from the person until notified by the secretary that such purchases may be resumed.
shall revert to the municipalities. Each municipality's share of the fund shall be determined by the ratio of the population of each municipality to the total population of all the municipalities sharing in the receipts. The Department of Revenue department shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the finance officer of each municipality its share of the fund. The amount received by each municipality shall be deposited in the municipality's general fund.
(5) Any unincorporated platted municipality within an organized township which had a United States post office as of July 1, 1980.
amount received by each county pursuant to this section and § 35-5-25 shall be deposited in the county's general fund to be dedicated to expenses related to county law enforcement, jails, state's attorneys, public defenders, and court-appointed attorneys.
35-5-28. After determination is made of the the amount of funds necessary reserve to provide for the reversions to municipalities and counties in §§ 35-5-22 and 35-5-22.2 is determined, the balances remaining funds may be transferred to the general fund.
(11) The determination of purchase price.
Section 129. That § 35-10-5 be repealed.
35-10-5. Payment to the United States by any person other than a licensee under this title of any tax, or special tax, as a distiller, manufacturer, or dealer in any alcoholic beverage or beverages, shall be prima facie evidence that such person is engaged in the business as to which such tax or special tax is levied.
Section 130. That § 35-10-6 be repealed.
35-10-6. Display of advertising, any notice, or any sign of any kind on or about any place indicating that any alcoholic beverage or beverages are there sold, kept for sale, or given away, shall be prima facie evidence that the person displaying such advertising, notice, or sign, unless a licensee under this title, is keeping for sale alcoholic beverages in violation of § 35-1-4.
(2) Any violation of law or ordinance in the operation of the licensed premises, the court or magistrate shall, within ten days after the conviction, mail a written notice of conviction to the auditor or finance officer of the municipality or the county auditor of the county having jurisdiction to approve alcoholic beverage licenses for the premises. A copy of the notice shall also be mailed to the Department of Revenue department.
State of South Dakota this state constituting such the nuisance.
35-12B-13. A direct shipper shall pay the alcoholic beverage occupational taxes alcohol excise tax as prescribed pursuant to § 35-5-2, according to the rates established in subdivisions 35-5-3(2), (3), and (4). Notwithstanding the filing and payment requirements prescribed in chapter 35-5, a direct shipper shall include on the report required by § 35-12B-11 the gallons of wine shipped to recipients in this state in each wine category as set forth in subdivisions 35-5-3(2), (3), and (4), and calculate the tax due for each wine category.
Additionally, the direct shipper shall pay the tax imposed by § 35-5-6.1 on shipped wine based upon the purchase price of the wine sold to the consumer. The direct shipper shall remit the taxes quarterly on or before the fifteenth day of the month following each quarterly period.
A direct shipper that is also licensed as a farm winery pursuant to chapter 35-12 under this title shall receive a credit for any occupational alcohol excise tax paid pursuant to §§ 35-12-7 and 35-12-8 this title for any wine sold for shipment in this state by the direct shipper.