South Dakota Codified Laws
Chapter 02 - Licensing Policies And Procedures
Section 35-2-5 - Time and place of hearing on retail license--Publication of notice.

35-2-5. Time and place of hearing on retail license--Publication of notice.
The governing body of any incorporated municipality or county being presented applications for retail on-sale or off-sale alcoholic beverage licenses shall fix the time and place for hearing upon all applications that come before the body. The finance officer or county auditor shall publish one notice in the official newspaper of the municipality or county. The notice shall be headed "Notice of Hearing Upon Applications for Sale of Alcoholic Beverages," shall state the time and place when and where the applications will be considered, and shall state that any person interested in the approval or rejection of any application may appear and be heard. The notice shall be published at least one week before the hearing. At the hearing, the body shall consider each application and any objection to the application before making a final decision on an application.

Source: SL 1949, ch 17, §2; SDC Supp 1960, §5.0103-1; SL 2008, ch 37, §144; SL 2018, ch 213, §17.

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Structure South Dakota Codified Laws

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 - Fees.

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 35-2-4 - Request for notice of hearing on retail license application--Notice by mail required.

Section 35-2-5 - Time and place of hearing on retail license--Publication of notice.

Section 35-2-5.1 - Return of application disapproved by local governing body--Waiting period before new application.

Section 35-2-5.2 - Approval of application by local governing body--Approval by secretary required--Deposit of fees.

Section 35-2-5.3 - Licensing authority may not reissue on-sale license not actively used.

Section 35-2-6.1 - State educational institutions--License to operate on campus prohibited--Exceptions.

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 35-2-6.4 - Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor.

Section 35-2-6.8 - Manufacturers and wholesalers permitted to pour or serve at certain events.

Section 35-2-6.9 - Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers.

Section 35-2-6.10 - Manufacturers and wholesalers permitted to donate beverages to certain licensees .

Section 35-2-7 - Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee.

Section 35-2-8 - Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued.

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 35-2-10.1 - Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty.

Section 35-2-10.2 - Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction.

Section 35-2-10.3 - Compliance checks of prohibited alcohol sales to persons under age twenty-one.

Section 35-2-11.1 - Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary.

Section 35-2-11.2 - Notice of hearing prior to local governing body's recommendation of suspension or revocation.

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 35-2-20 - Waiting period for new license after revocation--Application by relatives or employees.

Section 35-2-21 - Suspension in lieu of revocation of license--Maximum period--Compromise settlement.

Section 35-2-24 - Requirements for reissuance of license.

Section 35-2-25 - Sales or use tax licenses.

Section 35-2-26 - Licensees or employees charged with certain felonies may be prohibited from licensed premises.