2018 House Bill 1146 - Printed

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

400Z0493   HOUSE BILL   NO.  1146  

Introduced by:    Representatives Kettwig, Barthel, Bartling, Chase, Duvall, Greenfield (Lana), Hawley, Howard, Johnson, Lesmeister, Lust, May, McCleerey, Mickelson, Mills, Otten (Herman), Pischke, Reed, Rozum, Willadsen, and Zikmund and Senators Sutton, Frerichs, Greenfield (Brock), Maher, Soholt, and Youngberg
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consumption of alcoholic beverages by passengers aboard vehicles operated by licensed carriers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 35-1-5.6 be amended to read:
    35-1-5.6. 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. However, this provision does not apply to any passenger aboard a vehicle operated by a licensed carrier.
    Section 2. That chapter 35-1 be amended by adding a NEW SECTION to read:
    Notwithstanding the provisions of § 35-1-5.6, a licensed carrier may permit a passenger to bring sealed and unopened alcoholic beverages purchased from a South Dakota retailer aboard the vehicle for consumption by the passenger aboard the vehicle operated by the carrier.
    Section 3. That subdivision (3) of § 35-1-1 be amended to read:
            (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 or allows passengers to consume the passenger's own alcoholic beverages aboard the conveyance;

    Section 4. That subdivision (9) of § 35-4-2 be amended to read:
            (9)    Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic beverages on licenses all conveyances the licensee operates within the in this state unless restricted by local ordinance;
    Section 5. That § 35-4-66 be amended to read:
    35-4-66. Alcoholic beverages, except malt beverages, may be transported only:
            (1)    By transporter licensees licensed transporters in the course of delivery to persons authorized under this title to receive such the alcoholic beverages;
            (2)    By distillers or wholesale licensees licensed wholesalers in the distiller's or wholesale licensee's own vehicles, carrying the distiller's or wholesale licensee's own merchandise;
            (3)    By solicitor licensees, such licensed solicitors, the transportation being limited to samples, sealed or unsealed, of products for which orders are solicited;
            (4)    By individuals, interstate transportation being limited to alcoholic beverages in quantities of one gallon or less, intrastate transportation not being restricted as to quantity, but in either case the alcoholic beverages shall have been purchased by the individuals for personal use only;
            (5)    By common carriers in interstate commerce if the shipment originates outside the state and is destined for a point outside the state;
            (6)    By carrier licensees licensed carriers, as to that included in the stock in trade of the licensees or purchased by passengers for personal use while on the conveyance;
            (7)    By established religious organizations, interstate transportation being limited to alcoholic beverages in quantities of four gallons or less, intrastate transportation not being restricted as to quantity, but in either case such the alcoholic beverages shall have been purchased by such the established religious organizations for sacramental use only; or
            (8)    By off-sale delivery licensees.

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