Printer FriendlySB 121 authorize an alcoholic beverage retail license for certain malt...
State of South Dakota
LEGISLATIVE ASSEMBLY, 2011
SENATE COMMERCE AND ENERGY
ENGROSSED NO. SB 121 - 2/7/2011
Introduced by: Senators Nygaard, Fryslie, Maher, and Nelson (Tom) and Representatives
Verchio, Jones, Kirkeby, Kopp, Nelson (Stace), and Turbiville
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
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:
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.