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Licensed Beverage Dealers of South Dakota
PO Box 974
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The following is a list of bills affecting licensed beverage dealers and the status of each bill as of the date of this report. The last day for a bill to pass the house of origin was February 13. The last day for a bill to pass both houses is February 26.

 

TAXATION

 

SB 61 - An act to increase the tax on alcoholic beverages, to dedicate the revenue from such tax increase, to create the South Dakota Teen Court Commission, and to create the South Dakota Commission on Equal Access to Our Courts.   

            This bill increases the state excise tax on malt beverages from $0.27 per gallon to $1.33 per gallon (387% increase); on wine from an average $0.99 per gallon to $3.55 per gallon (258% increase); and on spirits from $3.93 per gallon to $12.47 per gallon (217% increase). It distributes the increased alcoholic beverage tax revenues as follows: 62 percent to the counties; 15 percent to the municipalities; 7 percent to the Department of Social Services to defray costs incurred by the state in monitoring the 24/7 sobriety program and abuse and neglect cases where alcohol abuse was present in the home; Six percent to the 24/7 sobriety fund established pursuant to §  1-11-18, and the balance, if any, to the attorney general for law enforcement training programs; 5 percent to the teen court program; 2 percent to the South Dakota Division of Drug and Alcohol Abuse; and 3 percent to nonprofit corporations funded through the Legal Services Corporation to provide legal assistance to eligible poor persons.

            1/9       Introduced in Senate; referred to State Affairs Committee.

            1/16     Tabled in State Affairs Committee.

 

LICENSING & REGULATION

 

HB 1007 - An act to make form and style revisions to certain taxation and revenue statutes.

            This bill, which was introduced at the request of the Department of Revenue Agency Review Committee, makes several form and style changes, but no substantive changes, to the alcoholic beverage licensing and taxation statutes.

            1/8        Introduced in House; referred to Taxation Committee.

            1/15      Passed Taxation Committee

            1/16      Passed House

            1/17      Introduced in Senate; referred to Taxation Committee.

            2/28      Passed Taxation Committee.

            2/29      Passed Senate.

            2/6        Signed by Governor.

 

 

 

HB 1114 - An act to revise certain provisions concerning the definition and operation of farm wineries.

            This bill eliminates the requirement that a farm winery be operated by the owner of a South Dakota farm. It also increases the quantity of wine that may be sold by a farm winery from 50,000 to 150,000 gallons per year.

            1/10      Introduced in House; referred to Commerce Committee.

            1/23      Passed Commerce Committee.

            1/28      Passed House.

            1/29      Introduced in Senate; referred to Commerce Committee.

            2/5        Passed Commerce Committee.

            2/6        Passed Senate.

            2/14      Signed by Governor.

 

HB 1118 - An act to authorize the issuance of special off-sale package wine dealers licenses.

            This bill allows a municipality or county to issue a special off-sale package wine dealers license to any fair board or any public, civic, charitable, educational, or fraternal organization in conjunction with a special event within the municipality or within the county. Educational does not include any elementary, secondary, or higher educational institution in the public school system of this state. The licensee may only sell wine manufactured by a farm winery for period of time not exceeding fifteen consecutive days. The fee for the license may not exceed $50 per day.

            1/1        Introduced in House; referred to Commerce Committee.

            1/23      Passed Commerce Committee.

            1/28      Passed House.

            1/29      Introduced in Senate; referred to Commerce Committee.

            2/5        Passed Commerce Committee.

            2/6        Passed Senate.

            2/14      Signed by Governor.

 

HB 1126 - An act to revise certain provisions regarding the issuance of on-sale wine licenses and the sale of wine.

            This bill eliminates the requirement that a wine license may only be issued to the owner or operator of a restaurant or a motel-hotel facility.

            1/14      Introduced in House; referred to Commerce Committee.

            1/26      Passed Commerce Committee.

            1/28      Passed House.

            1/29      Introduced in Senate; referred to Commerce Committee.

            2/5        Passed Commerce Committee.

            2/6        Passed Senate.

            2/14      Signed by Governor.

 

HB 1142 - An act to authorize additional off-sale retail liquor licenses in certain municipalities.

            As amended, this bill allows any person, corporation, or business entity to hold or have an interest in additional off-sale licenses in a first class municipality if the licensee derives more than fifty percent of the licensee's gross receipts from the sale of food at the location where the license is held. Under current law, a person may only have an interest in three off-sale licenses. The amended bill also requires any such new licensee to sell its alcoholic beverages, other than malt beverages, in an area which is separated by a physical barrier from the rest of the establishment.

            1/15      Introduced in House; referred to Commerce Committee.

            1/28      Amended in Commerce Committee.

            2/6        Passed Commerce Committee.

            2/12      Passed House.

            2/13      Introduced in Senate; referred to State Affairs Committee.

            2/15      Passed State Affairs Committee.

            2/19      Passed the Senate.

 

HB 1151 - An act to regulate the location and hours of operation of adult oriented businesses.

            This bill prohibits an adult oriented business from being located within one-fourth mile of a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence, or a place of worship. It also prohibits an adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency, or nude model studio from remaining open at any time between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 1:00 a.m. and 12:00 noon on Sunday.

            1/15      Introduced in House; referred to Local Government Committee.

            2/12      Passed Local Government Committee with amendment.

            2/14      Passed House

            2/15      Introduced in Senate; referred to Local Government Committee.

            2/20      Passed Local Government Committee.

            2/21      Passed Senate.

 

HB 1177 - An act to create the beverage container recycling and redemption program.

            Beginning July 1, 2009, this bill requires any manufacturer selling beverages to a dealer or distributor or directly to a consumer in this state for consumption in this state to: (a) remit to the department a beverage container litter reduction fee of five cents per beverage container and a handling fee of one and one half cents per beverage container; and (b) clearly label all beverage containers with the words "South Dakota" or "SD" and with the return value of five cents in clearly visible type on the beverage container by embossing or imprinting or by using a stamp on the normal product label.

            1/16      Introduced in House; referred to Commerce Committee.

            2/4        Tabled in Commerce Committee.

           

HB 1203 - An act to provide for the sale or consumption of alcoholic beverages upon property adjoining licensed premises.

            As amended, this bill allows a municipality to permit the sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right- of-way abutting a licensed premises, provided that the license holder derives more than fifty percent of its gross receipts from the sale of prepared food for consumption on the licensed premises. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises. The bill does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid. The city may impose additional conditions or restrictions that it deems appropriate. The hours of authorized consumption in the adjacent property shall be consistent with the hours permitted for the on-sale license.

            1/16      Introduced in House; referred to Commerce Committee.

            1/28      Passed Commerce Committee.

            2/4        House passed with amendment.

            2/5        Introduced in Senate; referred to Commerce Committee.

            2/12      Passed Commerce Committee with amendment.

            2/14      Passed Senate.

           

HB 1210 - An act to prohibit recyclers, scrap metal dealers, or scrap yard operators from purchasing certain beer kegs.

            This bill prohibits recyclers, scrap metal dealers and scrap yard operators from purchasing any metal beer keg, whether damaged or undamaged, except from the brewer or its authorized representative, if: (a) the keg is clearly marked as the property of a brewery manufacturer; or (b) the keg's identification markings have been made illegible.

            1/16      Introduced in House; referred to Commerce Committee.

            2/4        Passed Commerce Committee with amendment.

            2/7        Passed House.

            2/11      Introduced in House; referred to Commerce Committee.

            2/14      Passed Commerce Committee.

 

SB 98 - An act to regulate establishments in the business of providing obscene material.

            This bill prohibits an establishment from selling, distributing, or using obscene material or providing obscene material without obtaining a license from the county in which the establishment is located. It also prohibits the licensed establishment from (a) operating in any area that lies within one thousand feet from the facilities and grounds of any school, church, child welfare agency, public park, public playground, or public pool, including the facilities and grounds itself; (b) being closer than two hundred fifty feet from any street; (c) operating between the hours of twelve midnight and eight a.m. of the following day or on Sunday.

            1/15      Introduced in Senate; referred to Local Government Committee.

            1/28      Tabled in Local Government Committee.

 

HB 126 - An act to allow municipalities and counties to issue additional on-sale alcoholic beverage licenses to certain existing on-sale license holders.

            As amended, this bill allows a municipality or county to issue additional on-sale liquor licenses that are not subject to the population quotas. The license may only be issued to a restaurant that derives no more 50 percent of its gross revenue from the sale of alcohol and that does not allow smoking on the premises. All licensees must report to city or county under oath the amount originally paid for their licenses. If the transaction for the purchase of the license included real or personal property, the full fair market value of the property on the date of the original sale must be deducted from the total transaction price to determine the amount paid by the licensee. The municipality or county must set the price for a new non-quota license at or above the current fair market value. The current fair market value is the documented price of a liquor license most recently sold prior to January 1, 2008, through an arms length transaction, less the value of any real or personal property included in the transaction. Each license holder as of January 1, 2008 must report to the municipality or county the date and price paid for its liquor license. The municipality or county must maintain a registry of each liquor license that is being offered for sale and furnish a copy of the registry to anyone who requests a new liquor license. The municipality or county may only issue a new license if no liquor license is on the registry or a person desiring to purchase a license listed on the registry provides documentation showing that the person is unable to purchase the license on terms satisfactory to both the potential buyer and seller. The price of any liquor license registered as, for sale, with the municipality or county shall be sold at the current price set by the municipality or county.

            1/16      Introduced in House; referred to State Affairs Committee.

            1/23      Passed State Affairs Committee.

            1/24      Failed to pass Senate.

            1/25      Motion to reconsider passed Senate.

            1/30      Amended in Senate; re-referred to State Affairs Committee.

            2/4        Passed State Affairs with amendment.

            2/6        Passed Senate.

            2/7        Introduced in House; referred to Commerce Committee.

            2/22      Passed Commerce Committee with amendment.

           

HB 1265 - An act to prohibit the sale, purchase, use, or possession of alcohol without liquid devices.

            This bill prohibits a person from selling, offering to sell, purchasing, possessing, or using an alcohol without liquid device. The term, alcohol without liquid device, means an apparatus that is advertised, designed, or used to vaporize an alcoholic beverage to produce a vapor that may be inhaled by an individual. The term does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended specifically for medical purposes to dispense prescribed or over-the-counter medications or water.

            1/23      Introduced in House; referred to Commerce Committee.

            2/24      Passed Commerce Committee.

            2/11      Passed House.

            2/12      Introduced in Senate; referred to Commerce Committee.

            2/19      Tabled in Commerce Committee.

 

HB 1269 - An act to allow a beer and wine combination license.

            This bill creates a combination malt beverage and farm winery package dealers license and establishes the license fee at one hundred seventy-five dollars.

            1/23      Introduced in House; referred to Commerce Committee.

            2/6        Passed Commerce Committee.

            2/12      Passed House.

            2/13      Introduced in Senate; referred to Commerce Committee.

            2/19      Tabled in Commerce Committee.

            2/20      Passed Senate.

 

HB 1281 - An act to permit municipalities and counties to assess surcharges against intoxicated persons responsible for certain expenditures of local resources.

            This bill allows a municipality or county to assess a uniform surcharge, not to exceed two hundred fifty dollars, whenever municipal law enforcement, fire protection, or emergency medical services respond to an incident the proximate cause of which is the alcoholic intoxication of one or more persons. Each such person may be assessed the surcharge individually. Proceeds from the surcharge will be deposited in the municipal general fund to defray the costs of the municipality.

            1/23      Introduced in House; referred to Commerce Committee.

            2/12      Tabled in Commerce Committee.

 

HB 1283 - An act to revise on-sale alcoholic beverage licenses in municipalities.

            As amended, this bill sets the maximum fee that second and third class municipalities may charge for an on-sale liquor license at $30,000. 

            1/23      Introduced in House; referred to Commerce Committee.

            2/6        Passed Commerce Committee with amendment.

            2/13      Passed House with amendment.

            2/14      Introduced in Senate; referred to State Affairs Committee.

            2/22      Passed State Affairs with amendment.

 

HB 1294 - An act authorize a class of full-service restaurant on-sale licenses to be issued by first class municipalities.

            As amended, this bill allows a first class municipality to issue a new class of liquor license for full service restaurants. The number of restaurant licenses issued by the municipality cannot exceed ten percent of the total number of existing quota licenses or three, whichever is greater. To qualify for a license, the restaurant must derive seventy percent or more of its revenue from the sale of prepared food and nonalcoholic beverages. The restaurant may only be advertised as primarily a food eating establishment. The restaurant may only serve alcohol in the bar and dining room areas. The restaurant may only serve alcohol between the hours of 11:00 am and 11:00 pm. The restaurant may not have video lottery machines or smoking on the premises.  The restaurant license may not be transferred to another location. The fee for the restaurant license is a minimum of $200,000 in municipalities with a population of 60,000 or more; $100,000 in municipalities with a population between 20,000 and 60,000; and $75,000 in municipalities with a population between 20,000 and $5,000. The bill also prohibits a licensed premise operating with a quota license from obtaining a restaurant license prior to July 1, 2020. It also prohibits any on-sale license annexed into a municipality from being transferred for a period of three years after the annexation.

            1/23      Introduced in House; referred to Commerce Committee.

            2/6        Passed Commerce Committee with an amendment.

            2/12      Passed House.

            2/13      Introduced in Senate; referred to State Affairs Committee.

            2/15      Passed State Affairs Committee with SB 126 hoghouse amendment.

            2/20      Passed Senate with amendment restoring bill to House version.

            2/22      House failed to concur; appointed conference committee.           

 

 

 

HB 1321 - An act to revise certain provisions concerning alcoholic beverage licenses authorized for certain municipal facilities.

            A municipality with a population in excess of thirty-five thousand may issue an on-sale license to a municipal auditorium operated pursuant or to a public convention hall operated for use during a convention activity or an entertainment event, including any theatrical or musical performance, rodeo, or show. The selling, serving, or dispensing of any alcoholic beverage at the municipal auditorium may not occur more than one hour before the commencement of the event or at any time after the event is concluded. Under current law, a municipality must split the use of this special license between the municipal airport and the municipal auditorium or convention hall.

            1/24      Introduced in House; referred to Commerce Committee.

            2/4        Passed Commerce Committee.

            2/5        Passed House.

            2/6        Introduced in Senate; referred to Local Government Committee.

            2/11      Passed Local Government Committee.

            2/13      Passed Senate.

 

SMOKING BANS

 

HB 1237 - An act to allow local units of government to regulate the sales, distribution, marketing, promotion, and use of tobacco products.

            This bill allows any county or municipality to enact regulations relating to the use, distribution, marketing, promotion, and sale of tobacco that are more restrictive than those provided for by the Legislature.

            1/16      Introduced in House; referred to State Affairs Committee.

            1/31      Tabled in State Affairs Committee.

 

VIDEO LOTTERY

None.

 

DUI ENFORCEMENT

None

 

 

 

February 9, 2007 Legislative Report

The following is a list of bills affecting licensed beverage dealers and the status of each bill as of the date of this report. The deadline for introduction of bills is January 31.

TAXATION 

SB 216 - An Act to authorize a county gross receipts tax on certain lodging, alcoholic beverages, prepared food, and admissions. It allows counties to impose an additional county sales tax at the rate of one percent upon the gross receipts of rentals of hotels or other lodging accommodations within the county, or sales of alcoholic beverages, or establishments where the public is invited to eat, dine, or purchase and carry out prepared food for immediate consumption, or ticket sales or admissions to places of amusement, athletic, and cultural events, or any combination thereof. The tax must be levied for the purpose of law enforcement and law enforcement facilities, including the maintenance, staffing, and operation of such facilities.

            2/1        Introduced in Senate; referred to Taxation Committee. 

           2/9        Failed to pass Taxation Committee.

LICENSING & REGULATION

HB 1210 - An Act to revise certain provisions concerning municipal operating agreements. This allows a municipality that has been issued an on-sale and off-sale license to enter into an operating agreement with any person for the specific purpose of operating the on-sale establishment, or the off-sale establishment, or both for the municipality. Under current law, a municipality may only enter into an operating agreement with a person who is not the holder of a license.

            1/25      Introduced in House; referred to Local Government Committee. 

            2/1        Passed Local Government Committee.

            2/5        Passed House.

            2/6        Introduced in Senate; referred to Local Government Committee.

 

HB 1227 – An Act to prohibit the issuance of alcoholic beverage licenses for establishments located near Bear Butte. This bill prohibits the issuance of an alcoholic beverage license for an establishment that is or will be located within four miles of the outside boundaries of Bear Butte State Park, except for any establishment that is located within the existing boundaries of any municipality, as mapped on the effective date of this Act.

            1/26      Introduced in House; referred to Local Government Committee.

 

HB 1232 – An Act to provide for the establishment of special development districts and to authorize the issuance of certain restricted alcoholic beverage licenses in such districts. This bill allows a municipality to establish special development districts for purposes of issuing liquor licenses which are not subject to the municipalities’ population quota. The district must include a contiguous area within the boundaries of the municipality zoned for business, public, or commercial purposes. The area must, at a minimum, include one acre of land for each one thousand of population. However, in no case may the district contain less than five acres. For a municipality with a population of twenty-five thousand or more, the district must contain at least twenty-five acres. Each property owner within the proposed district must consent in writing to the creation of the district. The fee for the liquor licenses must be the same as other liquor licenses issued by the municipality. The licenses are subject to the following restrictions: (1) The licensee must have facilities for the preparation and serving of food for consumption at the location where the license is held; (2) The licensee must derive more than fifty percent of the licensee's gross receipts from the sale of food at the location where the license is held; (3) No license may be transferred to a location outside the boundaries of the district in which the license is issued; (4) If the license is transferred to a new owner within the boundaries of the district, the cost of transfer may not exceed the original fee charged by the municipality for the license; (5) No licensee may conduct video lottery upon the location where the license is held; (6) The municipality may prohibit adult entertainment establishments within the district; and (7) The license may only be issued for a facility constructed after January 1, 2006, or for the redevelopment of a blighted area.

            1/26      Introduced in House; referred to Local Government Committee.

 

HB 1302 – An Act to revise the requirements for certain on-sale alcoholic beverage licenses. This bill prohibits a city or county from reissuing an on-sale liquor license to the same licensee or the licensee's transferee if the license has not been actively used by the applicant during the two years preceding the date of the current application. For purposes of this Act, the term, actively used, means that the licensed premise was open to the public during regular business hours for the sale and consumption of distilled spirits for at least sixty days. The Act is effective on July 1, 2008.

            2/1        Introduced in House; referred to Local Government Committee.

 

HB 1309 – An Act to increase the penalty for selling or giving an alcoholic beverage to certain persons under the age of twenty-one. Under this bill, anyone who illegally sells or gives alcoholic beverages to an underage person is guilty of a Class 6 felony if the alcohol is a contributing factor in the underage person’s death.

            2/1        Introduced in House; referred to Local Government Committee.

 

SB 166 - An Act to authorize additional off-sale retail liquor licenses in certain municipalities. This bill allows a person, corporation, or business entity to hold or have an interest in more than three off-sale liquor licenses in a first class municipality if the licensee derives less than fifty percent of the licensee's gross receipts from the sale of alcoholic beverages at the location where the license is held.

            1/25      Introduced in Senate; referred to Commerce Committee.

 

SB 181 – An Act to allow a county to issue off-sale wine dealer's licenses to certain destination facilities. This bill allows a county to issue two off-sale wine dealer's licenses to a destination facility which is defined as a facility that annually has more than two million visitors. The off-sale wine license may be issued only if the licensee derives less than five percent of the licensee's gross receipts from the sale of alcoholic beverages on the premises where the license is held. The licensee may only sell wine produced by a farm winery. The fee for the license is $250.

            1/26      Introduced in Senate; referred to Local Government Committee. 

            1/31      Failed to pass Local Government Committee.

 

DUI ENFORCEMENT

HB 1072 - An Act to create a statewide 24/7 sobriety program, establish the 24/7 sobriety fund, and to make an appropriation therefore.

This bill was introduced by the Judiciary Committee at the request of the Attorney General. It establishes a statewide 24/7 sobriety program to be administered by the Office of the Attorney General. The program will coordinate efforts among various state and local government entities for the purpose of finding and implementing alternatives to incarceration for certain offenses that involve driving under the influence and other offenses involving alcohol.

            1/9        Introduced in House; referred to Judiciary Committee.

TOBBACO REGULATION

SB 43 - An Act to provide for the licensing of tobacco retailers.

This bill was introduced by the Commerce Committee at the request of the Department of Revenue and Regulation. It requires retailers who sell cigarettes or tobacco products in this state to obtain a license therefore from the secretary of revenue and regulation. A separate application and license is required for each retail outlet if a retailer owns or controls more than one place of business dealing in cigarettes or tobacco products. The fee for the license is $150.

            1/9/07   Introduced in Senate; referred to Commerce Committee.

 HB 1229 - An Act to reduce the taxes on cigarettes and tobacco products and to revise the distribution of the revenue from cigarettes and tobacco products.

            1/26      Introduced in House; referred to Taxation Committee.

VIDEO LOTTERY

None.

MINIMUM WAGE 

HB 1191 - An Act to provide for increases in the state minimum wage.

          1/25      Introduced in House; referred to State Affairs Committee.

 SB 110 - An Act to provide for certain increases in the state minimum wage.

            1/25      Introduced in Senate; referred to State Affairs Committee.

(Last Update: 2-28-06)
 
 
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