35-1-1 Definition of terms.
35-1-1.
Definition of terms.
Terms used in this title mean:
(1)
"Alcoholic beverage," any distilled spirits, wine and malt beverages as defined in this
title;
(2)
"Bulk container," any package, or any container within which container are one or more
packages;
(3)
"Carrier," a person who for hire transports passengers and who sells or furnishes to
passengers for consumption alcoholic beverages aboard any means of conveyance;
(3A)
"Cider," any alcoholic beverage obtained by the fermentation of the juice of apples that
contains not less than one-half of one percent of alcohol by volume and not more than ten
percent of alcohol by weight, including flavored, sparkling, or carbonated cider;
(3B)
"Controlling interest in," a controlling interest in the licensee is an ownership interest of
ten percent or more;
(4)
"Department," the Department of Revenue of the State of South Dakota;
(5)
"Dispenser," a duly licensed physician, dentist, veterinarian, osteopath, podiatrist,
chiropractor, or pharmacist; or a druggist, sanitarium, hospital, clinic, educational
institution, industrial company, or industrial corporation who purchases alcohol for
scientific and medicinal purposes only;
(6)
"Distilled spirits," ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum,
brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for
nonindustrial use containing not less than one-half of one percent of alcohol by weight;
(7)
"Distiller," any person who owns, has a controlling interest in, operates, or aids in
operating any distillery or other establishment for the production, rectifying, blending, or
bottling of distilled spirits;
(8)
"Malt beverage," a beverage made by the alcoholic fermentation of an infusion or
decoction, or combination of both, in potable brewing water, of malted barley with hops,
or their parts, or their products, and with or without other malted cereals, and with or
without the addition of unmalted or prepared cereals, other carbohydrates or products
prepared therefrom, and with or without the addition of carbon dioxide, and with or
without other wholesome products suitable for human consumption containing not less
than one-half of one percent of alcohol by weight;
(9)
"Manufacturer," any person who owns, has a controlling interest in, operates, or aids in
operating any establishment for the brewing, production, bottling, or blending of malt
beverages or wine;
(10)
"Minibar," any closed container, either refrigerated or nonrefrigerated, access to the
interior of which is restricted by means of a locking device which requires the use of a
key, magnetic card, or similar device, or controlled by the licensee at all times;
(11)
"Municipality," any incorporated city or town, and any unincorporated platted town
having a United States post office. However, the subsequent withdrawal of a United
States post office does not affect the right of established liquor licenses to be continued,
renewed, or transferred and does not prevent the owner or bona fide lessee of the licensed
premises from receiving a renewal or reissuance of such license;
(12)
"Off-sale," the sale of any alcoholic beverage, for consumption off the premises where
sold;
(13)
"On-sale," the sale of any alcoholic beverage for consumption only upon the premises
where sold;
(14)
"On-sale dealer," any person who sells, or keeps for sale, any alcoholic beverage for
consumption on the premises where sold;
(15)
"Package," the bottle or immediate container of any alcoholic beverage;
(16)
"Package dealer," any person other than a distiller, manufacturer, or wholesaler, who sells,
or keeps for sale, any alcoholic beverage for consumption off the premises where sold;
(17)
"Population," number of inhabitants as determined by the last preceding federal census;
(17A)
"Relative," any person who is a husband, wife, son, daughter, brother, sister, father,
mother, uncle, aunt, nephew, niece, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, or daughter-in-law;
(18)
"Retail license," an on- or off-sale license issued under the provisions of this title;
(19)
"Retailer," or "retail dealer," any person who sells alcoholic beverages for other than
resale;
(20)
"Sale," the transfer, for a consideration, of title to any alcoholic beverage;
(21)
"Secretary," the secretary of revenue of the State of South Dakota;
(22)
"Solicitor," any person employed by a licensed wholesaler within this state, or by any
distiller or manufacturer within or without this state, who contacts a wholesaler or retail
dealer within this state for the purpose of selling, promoting, or advertising alcoholic
beverages or for any other reason connected with the alcoholic beverage industry but does
not include employees of wholesale or transporter licensees who only deliver such
beverages;
(23)
"Transportation company," or "transporter," any common carrier or operator of a private
vehicle transporting or accepting for transportation any alcoholic beverages, but not
including transportation by carriers in interstate commerce where the shipment originates
outside of the state and is destined to a point outside of the state;
(24)
"Wholesaler," any person who sells alcoholic beverages to retailers for resale;
(25)
"Wine," any liquid either commonly used, or reasonably adapted to use, for beverage
purposes, and obtained by the fermentation of the natural sugar content of fruits or other
agricultural products containing sugar and containing not less than one-half of one percent
of alcohol by weight but not more than twenty-four percent of alcohol by weight.
Source: SDC 1939, §§ 5.0101, 5.0204 (12); SL 1945, ch 17, § 1; SL 1955, ch 6, § 1; SL 1961, ch
12; SL 1965, ch 10, § 1; SDCL § 35-4-30; SL 1971, ch 211, §§ 5, 6, 121; SL 1983, ch 263; SL 1987,
ch 261, §§ 1, 2; SL 1989, ch 311, § 1; SL 1998, ch 221, § 1; SL 2003, ch 272 (Ex, Ord. 03-1), § 82;
SL 2010, ch 180, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.