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Interim Study
Committee Legislation
To:
Licensed
Beverage Dealers of SD
From:
Tim Dougherty
Date:
October 5, 2009
________________________________________________
The
interim legislative committee on alcoholic
beverage control and licensing laws held its third
and final meeting on September 29, 2009. The
interim committee was established by the
legislature to review and update the statutes
governing the sale of alcoholic beverages. The
committee endorsed eight bills which are
summarized below. These bills will be introduced
in the 2010 Legislative Session.
1.
An Act to revise certain provisions regarding
alcoholic beverage control and licensing laws.
This bill simply makes form and style changes to
certain sections of Title 35. Most of the changes
are non-substantive.
2.
An Act to allow municipalities and counties to
issue certain special alcoholic beverage licenses
and to repeal certain special alcoholic beverage
licenses.
This bill revises the statutes that allow local
governments to issue temporary alcoholic beverage
licenses for special events. It would allow a
municipality or county to issue a special malt
beverage, wine or liquor license in conjunction
with a special event. The special license may only
be issued to a nonprofit organization or a
licensee who holds a similar license. For example,
a person who holds a beer license may apply for a
special events malt beverage license but not a
special events liquor license. The special events
license may not be issued for a period longer than
fifteen consecutive days.
3.
An Act to extend dram shop protection to certain
licensees.
This bill protects licensees from civil liability
for injuries caused by the consumption of
alcoholic beverages by an employee due to the
negligent supervision of that employee by the
licensee or the licensee’s employees. This bill is
in response to a recent SD Supreme Court decision
holding an employer liable for injuries caused by
an underage employee who stole alcoholic beverages
from his employer and became intoxicated and
struck a motorcycle while driving home from work.
4.
An Act to reduce the time period for revising fees
for restaurant on-sale licenses.
This bill reduces the time period in which a
municipality or county may change the fee for a
full service restaurant liquor license from ten
years to five years.
5.
An Act to revise certain provisions regarding the
days and hours that alcoholic beverages may be
sold on a licensed premise and who may sell,
serve, or dispense alcohol on a licensed premise.
This bill allows all on-sale and off-sale
licensees to sell alcoholic beverages between the
hours of 7:00 a.m. and 2:00 p.m., and it repeals
the restrictions on the sale of alcoholic
beverages on Sunday, Memorial Day and Christmas
Day. It also allows persons less than 21 to sell
alcoholic beverages in any off-sale establishment
if alcoholic beverage sales constitute less than
50 percent of the gross business transacted by the
establishment and the licensee or an employee who
is at least 21 years old is on the premises when
the alcoholic beverage is sold.
6.
An Act to revise certain rule-making authority
regarding the sale of certain alcoholic beverage
container sizes to on-sale licensees.
This bill allows on-sale licensees to pour liquor
from a half gallon container into a 1.75 liter
container and dispense it from the well.
7.
An Act to require nondiscriminatory pricing
between malt beverage suppliers and malt beverage
wholesalers.
This bill prohibits brewers from discriminating
among beer wholesalers in the net price of malt
beverages sold to wholesalers or in price
promotions offered to wholesalers.
8.
An Act to repeal certain sign display requirements
relating to the consumption of alcohol by pregnant
women.
This bill repeals the requirement that all
licensed premises must prominently display a sign
explaining the dangers faced by pregnant woman who
consume alcoholic beverages. |
