FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail license for certain malt beverage and wine dealers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 35-4-2 be amended by adding thereto a NEW SUBDIVISION to read as follows:

    Malt beverage retailers, being both package dealers and on-sale dealers, and retailers of wine produced pursuant to chapter 35-12, being both package dealers and on-sale dealers_three hundred twenty-five dollars;
    Section 2. That § 35-2-25 be amended to read as follows:
    35-2-25. No license granted pursuant to subdivisions 35-4-2(3), (4), (6), (12), (13), (16), (17), and (17A) and section 1 of this Act and §§ 35-12-2 and 35-13-2 may be issued unless the applicant has first obtained a sales tax license pursuant to chapter 10-45, or, if applicable, a use tax license pursuant to chapter 10-46.
    Section 3. That § 35-4-2.11 be amended to read as follows:

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    35-4-2.11. Fifty percent of all license and transfer fees received under the provisions of subdivisions 35-4-2(16), (17), and (17A) and section 1 of this Act shall remain in the municipality in which the licensee paying the fee is located, or if outside the corporate limits of a municipality, then in the county in which the licensee is located. In addition, fifty percent of wholesaler license fees received under subdivision 35-4-2(15) shall revert to the municipality in which the licensee is located, or if outside the corporate limits of a municipality, then to the county in which the licensee is located. The remainder of all license and transfer fees and penalties received shall be credited to the state general fund.
    Section 4. That § 35-4-79 be amended to read as follows:
    35-4-79. No on-sale licensee may permit any person less than twenty-one years old to loiter on the licensed premises or to sell, serve, dispense, or consume alcoholic beverages on such premises. However, an on-sale licensee licensed pursuant to subdivision 35-4-2(4), (6), (11), (12), (13), or (16) or section 1 of this Act may permit persons eighteen years old or older to sell and serve or dispense alcoholic beverages if less than fifty percent of the gross business transacted by that establishment is from the sale of alcoholic beverages and the licensee or an employee that is at least twenty-one years of age is on the premises when the alcoholic beverage is sold or dispensed. For the purposes of this section, the term, to sell and serve alcoholic beverages, means to take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic beverages.

    A violation of this section is a Class 2 misdemeanor.
    Section 5. That § 35-4-81.2 be amended to read as follows:
    35-4-81.2. No licensee licensed under subdivisions 35-4-2(12), (16), (17), (17A), and (19) and section 1 of this Act may sell, serve, or allow to be consumed on the premises covered by

the license, any alcoholic beverages between the hours of two a.m. and seven a.m. A violation of this section is a Class 2 misdemeanor.