South Dakota Codified Laws
Chapter 01 - Definitions And General Provisions
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.

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.
Notwithstanding the provisions of §35-1-5.6, a licensee that is licensed to sell wine on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed premises for consumption by the customer while eating a meal that was prepared by the licensee and that was served at a table on the licensed premises. The licensee may charge a corkage fee for serving wine supplied by a customer. The customer may carry out the unconsumed portion of the bottle of wine if it is securely resealed by the licensee with a cork or other similar cap and placed in a sealed bag or other container. The licensee shall also attach the receipt for the meal and any corkage fee to the bag or container. The customer may store unconsumed bottles of wine on the licensed premises. The licensee may charge a storage fee for storing wine supplied by the customer.

Source: SL 2012, ch 190, §1; SL 2014, ch 174, §1; SL 2018, ch 216, §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.