35-4-120. Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal.
Upon the adoption of an ordinance pursuant to §35-4-111, any person who purchased an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) within the last five years shall report to the municipality or county that issued the license the amount paid for the license. If the municipality or county that issued the on-sale license adopts an ordinance pursuant to §35-4-111, and requests from any other licensee the amount originally paid for any other on-sale license pursuant to §35-4-117, the licensee shall report that amount to the municipality or county. The declared purchase price shall be made under oath and shall include the documents establishing the amount paid for the on-sale license. If the transaction included other personal property or real property, the full market value of the other property on the date of the transaction shall be deducted from the total purchase price to establish the amount paid for the license. The person who owned the license as of the date of the adoption of the ordinance has the burden of establishing the amount paid for the license. If the amount reported is used to determine current fair market value pursuant to §35-4-117, any licensee who contends that the amount does not accurately reflect the fair market value of the license on the date of purchase may file an objection to the report. The objection shall be filed with the municipality or county within thirty days of the date the license fee is set pursuant to §35-4-116. If an objection is filed, the governing board of the municipality or county shall conduct a hearing to determine the fair market value of the license. The determination of the governing board may be appealed to circuit court.
Source: SL 2009, ch 177, §9; SL 2018, ch 213, §102.
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.