As a result of legislation adopted by the 2010 South Dakota Legislature, the days and hours of service and the age to sell or serve alcohol changed for some licensees effective July 1, 2010.
Click here to view a chart showing information for each type of license (PDF format).
There are also other alcohol laws which changed effective July 1, 2010. The following information has been furnished by the South Dakota Department of Revenue and Regulation.
Alcohol law changes by 2010 Legislature – effective 7-1-2010
HB-1001 – changes in temporary alcohol licenses.
Municipalities & counties may issue temporary licenses as follows:
· A special malt beverage retailers license in conjunction with a special event to any civic, charitable, educational, fraternal or veterans organization or any licensee licensed as an on-sale liquor licensee or on & off sale malt beverage licensee. (RL or RB)
· A special on-sale wine retailers license in conjunction with a special event to any civic, charitable, educational, fraternal or veterans organization or any licensee licensed as an on-sale liquor licensee or on & off sale wine licensee or a farm winery licensee. (RL, RW or FW)
· A special on-sale liquor license in conjunction with a special event to any civic, charitable, educational, fraternal or veterans organization or any licensee licensed as an on-sale liquor licensee or on & off sale malt beverage licensee. (RL or RB)
· A special off-sale package wine dealers license in conjunction with a special event to any civic, charitable, educational, fraternal or veterans organization or any licensee licensed as an off-sale liquor licensee, on & off sale wine licensee, package off sale malt beverage/farm winery licensee or a farm winery holding an off-sale package wine license. (PL, RW, PF, PW) This temporary license is limited to selling wine produced by a South Dakota Farm Winery.
The above temporary licenses replace all of the temporary licenses that were in the liquor code.
The fee for the above temporary licenses is set by the local governing body and all of the money and applications will stay with the city or county. There is no minimum or maximum that can be charged for these temporary licenses. There is a limit of 15 consecutive days. A public hearing must be held for these temporary licenses.
HB-1002 – changes to days and hours alcohol may be sold/served.
This bill changed several of the statutes in the liquor code.
For Package Liquor (PL), On Sale Liquor (RL), Convention Center Liquor (CL), Carriers License (CA) and wine for non-profits the hours are 7:00 a.m. – 2:00 a.m. Monday through Saturday. Any municipality or county may, by ordinance, allow the sale, service & consumption of alcoholic beverages on Sundays and Memorial Day. (35-4-2.1 is still in effect.)
For Retail On & Off Sale wine (RW); Retail On & Off Sale Malt Beverage (RB), Package Off Sale Malt Beverage (PB); Package Off Sale Malt Beverage & Off Sale Farm Wines (PF), Package Off Sale Wine for Farm Wineries (PW) the hours are 7:00 a.m. – 2:00 a.m. Monday through Sunday.
The On & Off Sale Wine license (RW) may allow 18 – 20 year olds to sell & serve alcoholic beverages if less than 50% of the gross business is from the sale of alcoholic beverages. There continues to be the requirement that the licensee or employee 21 or over be on the premise. No one under the age of 21 may do any bartending.
Package Off Sale Liquor (PL), Package Off Sale Malt Beverage (PB), Package Off Sale Malt Beverage & Off Sale Farm Wines (PF) may allow 18 – 20 year olds to sell alcoholic beverages if less then 50% of the gross business is from the sale of alcoholic beverages. There is no requirement for any one 21 or over to be on the premise. PLEASE NOTE that this has changed the previous law for PB licensees who were allowed to permit anyone (14-17 year-olds) to sell malt beverages without supervision. As of July 1, 2010, no person under the age of 18 will be permitted to sell any type of alcoholic beverage in any establishment.
HB-1180 – licenses for county fairgrounds & hours can be used.
Any County that operates county fairgrounds may, by resolution, without an election, but subject to referendum, make application for the issuance of an On Sale Liquor License (RL) or On & Off Sale Malt Beverage License (RB) at the county fairgrounds.
The selling, serving or dispensing of any alcoholic beverage may not occur more than 1 hour before the commencement of any event at the county fairgrounds or at any time after the event is concluded.
This license may not be transferred. The license shall be issued without regard to the population limitation of the liquor code.
SB-2 – Changes made to liquor code (Title 35).
This bill changed a lot of the laws in order to clean up Title 35 and moved items around. The majority of the bill will not effect how things are done. But here are a few that may be of interest:
35-1-5.3 – the wording has changed. It now reads that: It is a Class 2 misdemeanor for any person to consume any distilled spirit in any public place, other than upon the premises of a license on-sale dealer. . . Counties & municipalities may permit the consumption, but not the sale, of any alcoholic beverage on property owned by the public or by a nonprofit corporation (the property & entity must be within the jurisdiction approving the permit to consume). Hours are the same as for an on-sale liquor license and cannot exceed 24 hours. Additional wording to this statute is "It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer."
35-2-5.1 – if a license application is denied based on the suitability of the location, no further application may be received until the expiration of three months and the new application must be for a different location. If denied for other reasons the applicant cannot apply for one year.
SB-136 – Allows city-owned licenses not to go below the number issued on 7-1-2010.
SB-188 – Revises provisions relating to the sale & display of alcohol-Package Liquor licenses.
This bill changed 35-4-121 & 122 in regard to where distilled spirits may be placed in certain package off sale liquor licenses (PL).
With PL licenses issued after June 30, 2008 and deriving more than 50% of their annual gross receipts from the sale of food, prepared food and food ingredients they will have to DISPLAY their alcoholic beverages (other than malt beverages & wine) in ONE area that is separated by a physical barrier from the rest of the establishment. They will NOT have to sell those alcoholic beverages behind this barrier.
With PL licenses issued after June 30, 2009 and deriving less than 50% of their annual gross receipts from the sale of alcoholic beverages will have to DISPLAY their alcoholic beverages (other than malt beverages or wine) in ONE area which separated by a physical barrier from the rest of the establishment. They will NOT have to sell those alcoholic beverages behind this barrier.