35-2-5.1. Return of application disapproved by local governing body--Waiting period before new application.
If the governing body of the municipality or county does not approve the application, the governing body shall endorse on the application the reasons for the denial and return the application and fee to the applicant. No further application may be received from the applicant until after the expiration of one year from the date of a denied application. However, if the application was denied based on the suitability of the location for the license, no further application may be received from the applicant until after three months from the date of the denied application if the subsequent application is for a different location.
Source: SDC 1939, §§5.0206, 5.0305; SL 1945, ch 21, §1; SL 1951, ch 11; SDCL §§35-4-32, 35-6-15; SL 1971, ch 211, §16; SL 1992, ch 60, §2; SL 1993, ch 263; SL 2010, ch 180, §10; SL 2018, ch 213, §18.
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.