South Dakota Codified Laws
Chapter 01 - Definitions And General Provisions
Section 35-1-13 - Sale, purchase, possession, or use of alcohol without liquid device prohibited--Exceptions--Violation as misdemeanor.

35-1-13. Sale, purchase, possession, or use of alcohol without liquid device prohibited--Exceptions--Violation as misdemeanor.
No person may sell, offer to sell, purchase, possess, or use an alcohol without liquid device. For the purposes of this section, the term, alcohol without liquid device, means an apparatus that is advertised, designed, or used to vaporize an alcoholic beverage to produce a vapor that may be inhaled by an individual. The term does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended specifically for medical purposes to dispense prescribed or over-the-counter medications or water.
This section does not apply to a hospital that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or a pharmaceutical company or biotechnology company conducting bona fide research.
A violation of this section is a Class 1 misdemeanor.

Source: SL 2008, ch 181, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 35 - Alcoholic Beverages

Chapter 01 - Definitions And General Provisions

Section 35-1-1 - Definition of terms.

Section 35-1-1.1 - Licensee includes municipal operating agreement holder--Number of agreements limited.

Section 35-1-2 - Secretary of revenue to administer title--Employment of personnel--Equipment and supplies.

Section 35-1-3 - Certain revenue department employees prohibited from engaging in alcoholic beverage business.

Section 35-1-4 - Traffic in alcoholic beverages prohibited except as authorized by title.

Section 35-1-4.1 - Dispenser permitted to transport or store alcoholic beverage.

Section 35-1-5 - Unlicensed business prohibited--Violation as misdemeanor.

Section 35-1-5.1 - Bottle clubs prohibited.

Section 35-1-5.3 - Consumption of distilled spirits in public place as misdemeanor--Exceptions.

Section 35-1-5.4 - Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business.

Section 35-1-5.5 - Permit for consumption of alcoholic beverage on property owned by public or nonprofit corporation.

Section 35-1-5.6 - Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions.

Section 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.

Section 35-1-5.8 - Carrier may permit passenger to consume alcoholic beverage aboard vehicle.

Section 35-1-5.9 - Commercial storage of wine--Authorization.

Section 35-1-7 - False statement in application or report as felony.

Section 35-1-8 - Sale or delivery of beverages for resale prohibited except as authorized.

Section 35-1-8.1 - Sacramental wines exempt.

Section 35-1-9 - Storage of beverages restricted to licensed premises--Exception.

Section 35-1-9.1 - Consumption or possession of alcoholic beverage in vehicle a misdemeanor--Exceptions.

Section 35-1-9.3 - Certain situations not in violation of § 35-1-9.1.

Section 35-1-9.4 - Carry out of partially consumed, sealed bottle of wine permitted under certain circumstances.

Section 35-1-12 - Kegs of malt beverage--Retail sale--Records.

Section 35-1-13 - Sale, purchase, possession, or use of alcohol without liquid device prohibited--Exceptions--Violation as misdemeanor.

Section 35-1-14 - Production and storage of alcoholic beverages--Postsecondary institutions--Purposes--Exemptions--Prohibitions.