Legal Q & A

If a municipally owned liquor store with a PL which was located in a grocery store would they are able to put a wine display in the food section of the grocery store?   It would depend on what area of the business is licensed under the package liquor license, the wine display would only be allowed on the licensed premise.  The licensee should check with their local governing body to make sure there are no local ordinances that would prohibit the placing of the wine display in the food section of the store. 

If an independently owned grocery store owned a RW license could they display wine in with the food products?  

If the licensed premise is the whole store there would be no State restriction on the wine display, the licensee should contact their local governing body to see if there are any local ordinances that would restrict the placement. 

If a video lottery casino owned a RW license what hours could they serve wine?   Current State law states that a RW licensee can serve wine from 7:00 a.m. to 2:00 a.m.  The licensee should contact their local governing body to see if there are any local ordinances that would be more restrictive than State law. 

If a chain grocery store owned 4 stores and held PL licenses for all of them, could they all place alcohol in the food area of the stores?   The current State law allows a chain grocery store to own three alcohol licenses in any size city; when they are granted the fourth package liquor license there are some restrictions on the alcohol.  The fourth and subsequent package liquor licenses must be issued within a first class city; there must be more the 50% of the annual gross receipts from the sale of food, prepared food and food ingredients at the location of fourth and subsequent package liquor licenses and there must be walls of some type separating the wine and spirits from the rest of the store and therefore the wine display would need to be within those walls.  The original three locations with package liquor licenses could allow the wine displays anywhere on the licensed premise, the licensee would need to check with their location governing body to make sure of the licensed premise and to find out if there are any local ordinances that would restrict the placement of the wine display.

Q: What is a temporary license and are there any restrictions?

A: The 'temporary' transfers that take place are the same thing as site transfers that can be done under SDCL 35-2-7. It is just that the city or county allows them to transfer for just the one day (or whatever amount of time). They also have to transfer the license back to the original location (no selling, serving or consuming at the original location while the license is transferred). Cities do both transfers at the same time. It costs $150.00 each time a license is transferred, therefore it will cost $300.00 to site transfer a license from its original location and back again. If an establishment transfers their license off site, the machines cannot be played during that time frame. Furthermore, if those machines are out of service for more than 48 hours, the operator needs to remove them from the establishment.

Q: What licenses can be transferred.

A:Again the law to look at is SDCL 35-2-7, it states that any license issued under Title 35 may be transferred to a new person or a new location. Title 35 includes the following licenses: On-sale liquor, Off-sale liquor, On/Off Malt Beverage, Off-Sale Malt Beverage, On-sale Wine

2008 Liquor Laws

AGE TO CONSUME

21            A person must be at least 21 years of age to consume alcoholic beverages in South Dakota.

18-20       A person who is at least 18 but not 21 years of age may be sold or given an alcoholic beverage if they are in the immediate presence of a parent, spouse (who is 21) or guardian.

A person who is less than 18 years of age may not be served or consume alcoholic beverages on a licensed premises under any circumstances.

REASONABLE ATTEMPT TO INVESTIGATE AGE

Any person charged with a violation of 35-9-1 or 35-9-1.1 may offer evidence, as a defense, that he/she made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person.

SERVING DAYS AND TIMES

On-Sale Liquor:                          7 am – 2 am six days a week. (Sunday 11 am – 12-midnight/serve food/local government allows).   No sales Memorial Day after 1 am or at any time on Christmas Day.

Off-Sale Liquor:                                    7 am – 12 midnight every day except Sunday.  (Sunday same hours if local government allows).  No distilled spirits or wine sales on Memorial or Christmas Day.  May sell malt beverages on these days.

On/Off Malt Beverage:                        7 am – 2 am seven days a week including Memorial & Christmas Day.

Off-Sale Malt Beverage:                      7 am – 2 am seven days a week including Memorial & Christmas Day.

On-Sale Wine:                                      7 am – 2 am seven days a week.  Restaurants only.  Includes Sundays, Memorial and Christmas Day.

AGE OF SERVERS

On-Sale Liquor:                           21 to tend bar or draw or mix alcoholic beverages.  18 may sell or serve if a 21-year employee on premises & 50% or more of gross business is from the sale of food.

Off-Sale Liquor:                                    21 is minimum age to sell alcohol in business with off-sale liquor license.

On/Off Malt Beverage:                        21 to tend bar or draw or mix alcoholic beverages.  21 if less than 50% of the sales of food.  18 if 50% or more of the gross sales business is from the sale of food.

Off-Sale Malt Beverage:                      21 if less than 50% of business gross sale is beer.  NO MINIMUM AGE to sell package beer if alcoholic sales less than 50% of the gross business sales.  No requirement to have someone 21 present. 

On-Sale Wine:                                      21 to dispense, sell, or serve wine in on-sale wine license only.

OFF-SALE NOT TO DELIVER

No off-sale license shall make any delivery of alcoholic beverages outside of the premises.

KEGS OF MALT BEVERAGE-RETAIL SALE RECORDS

All keg sales must record the name and address of the person to whom the keg is sold and has provided identification of the keg.  Records must be kept one year and are available for any law enforcement agency upon request.  The identification of each keg shall not permanently damage the structure of the keg.

PENALTIES FOR ALCOHOL VIOLATIONS

If an employee sells to an underage individual, the business will be assessed a $500.00 fine for the first violation, a $1,000.00 fine for the second violation, and can have their alcohol license suspended or revoked for the third violation within a 24 month time period.  If the employee is not certified by a nationally recognized training program approved by the SD Dept of Revenue the fine will double for the first and second violation. The employee may face fines of up to $500, 30 days in jail, and loss of their driving privileges for 30 to 365 days.

MINOR MISREPRESENTS AGE

It is a Class 2 misdemeanor for any person under the age of 21 years to purchase, attempt to purchase or consume alcoholic beverages and misrepresent his age with use of any document for the purpose of such from any licensee.

(Class 2 Misdemeanor: 30 Days in Jail and/or $500.00 fine)

ADULTS WHO BUY ALCOHOL FOR UNDERAGE PERSONS

It is a Class 1 misdemeanor for any person twenty-one years of age or older to purchase or otherwise acquire alcoholic beverages from a retail establishment and to give or resell the alcoholic beverages to any person under the age of twenty-one years.  (Class 1 Misdemeanor: 1 year in Jail and/or $1000.00 fine)