35-2-2.1. Agreement by license applicant granting access to premises and records.
Each application for a license under this title shall include an agreement by the applicant that the applicant's premises, for the purposes of search and seizure laws of the state and any ordinances of the municipality where the license is issued, are considered public premises. In addition, the agreement shall state:
(1)The premises and all buildings, safes, cabinets, lockers, and storerooms on the premises are at all times, on demand of the secretary, the attorney general, or officers charged with law enforcement in the county or municipality, open to inspection;
(2)All of the applicant's records and books dealing with the sale and ownership of alcoholic beverages are open to the persons specified in subdivision (1) for inspection; and
(3)The application and license issued on the application is a contract between the applicant and the state and the county or municipality having jurisdiction entitling 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.
Source: SDC 1939, §5.0209; SL 1945, ch 21, §2; SDCL §§35-4-39, 35-4-40; SL 1971, ch 211, §14; SL 2008, ch 37, §141; SL 2018, ch 213, §14.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 02 - Licensing Policies And Procedures
Section 35-2-1 - License application--Contents.
Section 35-2-1.1 - Applications submitted to secretary--Approval if suitable.
Section 35-2-1.2 - Applications submitted to local governing body--Fee--Approval or disapproval.
Section 35-2-2.1 - Agreement by license applicant granting access to premises and records.
Section 35-2-3 - Hearing required before issuance of retail license.
Section 35-2-5 - Time and place of hearing on retail license--Publication of notice.
Section 35-2-5.3 - Licensing authority may not reissue on-sale license not actively used.
Section 35-2-6.2 - Character requirements for licensees.
Section 35-2-6.3 - Ownership or lease of premises required of licensees--Ownership of business.
Section 35-2-6.8 - Manufacturers and wholesalers permitted to pour or serve at certain events.
Section 35-2-9 - Sale of stock in trade on termination of license.
Section 35-2-10 - Violation as ground for revocation or suspension of license--Multiple licenses.
Section 35-2-10.3 - Compliance checks of prohibited alcohol sales to persons under age twenty-one.
Section 35-2-12 - Investigation--Revocation or suspension proceedings.
Section 35-2-13 - Right to hearing on action on application or license.
Section 35-2-19 - Termination of rights after revocation of license.
Section 35-2-24 - Requirements for reissuance of license.