35-4-11.1. Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.
If not previously fixed by ordinance or continuing resolution, the board of county commissioners shall, before the second of September in each year, determine the number of on-sale and off-sale licenses it will approve for the ensuing calendar year and the fees to be charged for the various classifications of licenses. The number of licenses issued pursuant to subdivision 35-4-2(6) may not exceed three for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof. The number of licenses issued pursuant to subdivision 35-4-2(3) may not exceed two for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof. No county off-sale license may be issued for a retailer located within three miles of the exterior boundary of an incorporated municipality. The population includes only those residing within the county, but outside the incorporated municipalities and improvement districts, created pursuant to chapter 7-25A, within the county. No licensee regularly licensed to do business on July 1, 1981, may be denied reissuance of a license in subsequent years solely by reason of any limitations, based upon population quotas, of the number of licenses authorized or established under the provisions of this title. Licenses issued to concessionaires, and lessees of the State of South Dakota, within the boundaries of state parks, prior to January 1, 1983, may be subtracted when calculating the total number of licenses permitted in this section.
Source: SL 1971, ch 211, §47; SL 1982, ch 271, §2; SL 1983, ch 264; SL 1987, ch 261, §20; SL 1987, ch 262; SL 2000, ch 180, §2; SL 2001, ch 194, §3; SL 2010, ch 180, §28; SL 2018, ch 213, §59; SL 2021, ch 166, § 2.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 04 - Sale Of Beverages
Section 35-4-1 - Beverages to which chapter applies.
Section 35-4-2 - Classes of licenses enumerated--Fees.
Section 35-4-2.4 - Eligibility of municipality for wine, cider, or malt beverage license.
Section 35-4-2.8 - Possession of more than one license--Exercise of privileges.
Section 35-4-2.11 - Distribution of license and transfer fees and penalties.
Section 35-4-2.12 - Regulation of alcoholic beverages aboard conveyances.
Section 35-4-5.1 - Manufacturers and retailers may not be granted wholesale license.
Section 35-4-10 - Number of off-sale licenses restricted by population.
Section 35-4-11.11 - Additional convention facility on-sale licenses authorized.
Section 35-4-11.12 - On-sale licenses for improvement districts.
Section 35-4-11.13 - Hunting preserve facility on-sale license.
Section 35-4-14 - On-sale license for publicly operated airport.
Section 35-4-14.1 - On-sale license issued to municipal auditorium or convention hall.
Section 35-4-21 - Contents of operating agreements.
Section 35-4-22 - Agreement for operation of municipal off-sale establishment.
Section 35-4-22.1 - License renewal of off-sale licensee outside of boundaries.
Section 35-4-23 - Contents of agreement for operation of municipal off-sale establishment.
Section 35-4-41 - Duration and expiration of licenses--Full fee charged for part of year.
Section 35-4-45 - Bonded warehouse permitted to store beverages--Additional bond required.
Section 35-4-47 - Sources from which wholesalers may receive beverages.
Section 35-4-50 - Restrictions on sales by wholesalers.
Section 35-4-52 - Prohibited sales practices by manufacturers and wholesalers.
Section 35-4-60 - Retailers permitted to purchase only from wholesalers.
Section 35-4-60.3 - Certain licensees permitted to purchase from wholesalers and retailers.
Section 35-4-66 - Restrictions on transportation of beverages.
Section 35-4-67 - Restrictions on importation of beverages.
Section 35-4-71 - Sale of alcohol by dispensers restricted.
Section 35-4-75 - Service by on-sale licensees restricted to premises--Violation as misdemeanor.
Section 35-4-81 - Restriction by ordinance of sales, service, and consumption on certain days.
Section 35-4-99 - Display of health warning sign--Violation as petty offense.
Section 35-4-100 - Health warning sign--Contents--Copy provided to licensees.
Section 35-4-101 - Minibars authorized in hotels or motels.
Section 35-4-102 - Minibars--Beverage sizes--Age limit--Access.
Section 35-4-103 - Annual additional license fee for video lottery machines on licensed premises.
Section 35-4-106 - License at county or municipal golf course.
Section 35-4-110 - Definition of terms pertaining to full-service restaurant on-sale licenses.
Section 35-4-111 - Full-service restaurant on-sale licenses.
Section 35-4-113 - Renewal of full-service restaurant on-sale license--Annual report.
Section 35-4-114 - On-premise consumption required.
Section 35-4-115 - Advertisement of full-service restaurant.
Section 35-4-116 - Fees for additional on-sale licenses to full-service restaurants.
Section 35-4-118 - Registry of full-service restaurant on-sale licenses.
Section 35-4-119 - Registration that full-service restaurant on-sale license is for sale.
Section 35-4-123 - County fairground on-sale license.
Section 35-4-124 - Special alcoholic beverage licenses--Special events.
Section 35-4-125 - Application for special alcoholic beverage license--Fee.
Section 35-4-127 - Off-sale delivery license.
Section 35-4-129 - Sale of alcoholic beverages below cost prohibited--Exception.
Section 35-4-130 - Quantity discounts and cash discounts permitted.