35-1-9.3. Certain situations not in violation of §35-1-9.1.
It is not a violation of §35-1-9.1 if:
(1)An alcoholic beverage is located in a locked glove compartment of the motor vehicle;
(2)An open alcoholic beverage is behind the last upright seat of a motor vehicle that is not equipped with a trunk or in an area not normally occupied by the driver or passengers; or
(3)A passenger in a motor vehicle 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. However, the driver of 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 is broken.
Source: SL 1999, ch 184, §§3, 4, 5; SL 2014, ch 174, §2; SL 2018, ch 213, §9.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 01 - Definitions And General Provisions
Section 35-1-1 - Definition of terms.
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 35-1-5.8 - 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 35-1-9.3 - Certain situations not in violation of § 35-1-9.1.
Section 35-1-12 - Kegs of malt beverage--Retail sale--Records.