South Dakota Codified Laws
Chapter 04 - Sale Of Beverages
Section 35-4-2 - Classes of licenses enumerated--Fees.

35-4-2. Classes of licenses enumerated--Fees.
The classes of licenses, with the fee of each class, are as follows:
(1)Repealed by SL 2018, ch 223, §13;
(2)Wholesalers of alcoholic beverages--five thousand dollars;
(3)Off-sale--not less than three hundred dollars. The renewal fee for the license may not exceed five hundred dollars;
(4)On-sale--not less than one dollar for each person residing within the municipality as measured by the last preceding federal census. The renewal fee for the license may not exceed fifteen hundred dollars;
(5)Off-sale licenses issued to municipalities under local option--not less than two hundred fifty dollars;
(6)On-sale licenses issued outside municipalities--not less than the amount the nearest municipality to the applicant is charging for a like license. The renewal fee shall be the same as is charged for a like license in the nearest municipality. If the municipality to which the applicant is nearest holds an on-sale license, pursuant to §35-3-13 and does not charge a specified fee, then the fee shall be the minimum amount that could be charged as if the municipality had not been authorized to obtain on-sale licenses pursuant to §35-3-13. The renewal fee shall be the same as could be charged for a like license in the nearest municipality;
(7)Repealed by SL 2018, ch 213, §46;
(8)Transportation companies--twenty-five dollars;
(9)Carrier--one hundred dollars. The fee licenses all conveyances the licensee operates in this state;
(10)Repealed by SL 2018, ch 213, §46;
(11)On-sale dealers at publicly operated airports--two hundred fifty dollars;
(12)Wine and cider retailers, being both package dealers and on-sale dealers--five hundred dollars;
(13)Convention facility on-sale--not less than one dollar for each person residing within the municipality as measured by the last preceding federal census. The renewal fee for the license may not exceed fifteen hundred dollars;
(14)Repealed by SL 2018, ch 224, §11;
(15)Wholesalers of malt beverages--four hundred dollars;
(16)Malt beverage and wine produced by a farm winery licensee, being both package dealers and on-sale dealers--three hundred dollars;
(17)Repealed by SL 2018, ch 213, §46;
(17A)Repealed by SL 2018, ch 213, §46;
(18)Repealed by SL 2018, ch 213, §46;
(19)Repealed by SL 2018, ch 213, §46 and ch 222, §11;
(20)Repealed by SL 2018, ch 213, §46;
(21)Retail on premises manufacturer--two hundred fifty dollars;
(22)Repealed by SL 2018, ch 223, §13; and
(23)Off-sale delivery--one hundred fifty dollars.

Source: SDC 1939, §5.0203; SL 1945, ch 17, §2; SL 1947, ch 19; SDC Supp 1960, §5.0204 (13), (14) as enacted by SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SL 1966, ch 10; SDC Supp 1960, §5.0204 (15) as enacted by SL 1967, ch 6; SL 1968, ch 2, §1; SL 1970, ch 206, §1; SL 1970, ch 207, §1; SL 1971, ch 211, §§40, 41, 121; SL 1973, ch 236, §1; SL 1975, ch 228; SL 1981, ch 270, §1; SL 1985, ch 291, §§1, 3, 4A; SL 1986, ch 300; SL 1987, ch 261, §16; SL 1988, ch 292, §1B; SL 1989, ch 312; SL 1990, ch 296; SL 1993, ch 265; SL 1994, ch 285, §1; SL 1995, ch 207, §2; SL 2001, ch 194, §1; SL 2003, ch 190, §1; SL 2003, ch 191, §1; SL 2006, ch 194, §12; SL 2008, ch 182, §1; SL 2008, ch 183, §1; SL 2009, ch 48, §3; SL 2011, ch 172, §1; SL 2014, ch 175, §1; SL 2014, ch 176, §1; SL 2017, ch 166, §1; SL 2017, ch 169, §2; SL 2018, ch 213, §46; SL 2018, ch 215, §4; SL 2018, ch 219, §1; SL 2018, ch 222, §11; SL 2018, ch 223, §13; SL 2018, ch 224, §11.

Structure South Dakota Codified Laws

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 35-4-10.2 - Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor.

Section 35-4-10.3 - Manufacturers and wholesalers permitted to provide samples on licensed retailer premises.

Section 35-4-11 - Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses.

Section 35-4-11.1 - Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.

Section 35-4-11.2 - Convention facility on-sale licenses issued by municipality or county on behalf of improvement district.

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 35-4-13 - Continuation of on-sale license despite annexation by municipality or county--Exception to restrictions on number of licenses.

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 35-4-19 - Licensed municipalities permitted to issue certain licenses--Operating agreements permitted.

Section 35-4-19.1 - Full-service restaurant on-sale license provisions applicable to municipalities and operating agreement holders.

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 35-4-60.1 - Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler.

Section 35-4-60.2 - Purchase from municipality of malt beverages by certain licensees--Price charged.

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 35-4-74 - Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor.

Section 35-4-75 - Service by on-sale licensees restricted to premises--Violation as misdemeanor.

Section 35-4-77.1 - Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance.

Section 35-4-78 - Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.

Section 35-4-79 - Persons under twenty-one years old not permitted to loiter on on-sale or off-sale premises or to sell, serve, or consume beverages--Violation as misdemeanor.

Section 35-4-79.4 - Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor.

Section 35-4-81 - Restriction by ordinance of sales, service, and consumption on certain days.

Section 35-4-81.2 - Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor.

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 35-4-107 - Resort facility on-sale license--Resort facility defined--Terms of license--Application.

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 35-4-112 - Documentation in support of initial application for full-service restaurant on-sale license.

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 35-4-117 - Price of full-service restaurant on-sale license set at or above current fair market value.

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 35-4-120 - Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal.

Section 35-4-123 - County fairground on-sale license.

Section 35-4-124 - Special alcoholic beverage licenses--Special events.

Section 35-4-124.1 - Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license.

Section 35-4-125 - Application for special alcoholic beverage license--Fee.

Section 35-4-127 - Off-sale delivery license.

Section 35-4-128 - Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited--Exceptions--Violation as misdemeanor.

Section 35-4-129 - Sale of alcoholic beverages below cost prohibited--Exception.

Section 35-4-130 - Quantity discounts and cash discounts permitted.