South Dakota Codified Laws
Chapter 01 - Definitions And General Provisions
Section 35-1-9.4 - Carry out of partially consumed, sealed bottle of wine permitted under certain circumstances.

35-1-9.4. Carry out of partially consumed, sealed bottle of wine permitted under certain circumstances.
A licensee that is licensed to sell wine on-sale may permit a customer to carry out the unconsumed portion of a bottle of wine if the customer purchased the bottle of wine from the licensee and consumed a portion of it with a meal that was prepared and served by the licensee at a table on the licensed premises. The licensee shall securely reseal the bottle of wine with a cork or other similar cap and place the bottle in a sealed bag or other container. The licensee shall also attach a receipt for the meal and the wine to the bag or container.

Source: SL 2012, ch 190, §2; SL 2014, ch 174, §3.

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.