2017 Session Laws

CHAPTER 164

(HB 1107)

Governing board approval of licenses for alcoholic beverages.


        ENTITLED, An Act to revise certain provisions regarding the approval by the governing board of licenses for alcoholic beverages.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 35-2-1.2 be amended to read:

    35-2-1.2. Any application applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall be submitted submit an application to the governing board of the municipality within which the applicant intends to operate, or if outside the corporate limits of a municipality, to the board of county commissioners of the county in which the applicant seeks intends to operate. The application shall be accompanied by applicant shall submit the required fee with the application. The governing board may approve or disapprove the application for a new retail license or the transfer of an existing license depending on whether the governing board deems the applicant a suitable person to hold the license and whether the governing board considers the proposed location suitable.

    The governing board may also disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35-4-2(4), (6), or (13) if:

            (1)    The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and

            (2)    The board determines that possession of more than one-third of licenses available is not in the public interest.

    Any application for the reissuance of a retail license may be approved by the municipal or county governing board without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended.

    Section 2. That § 35-4-4 be repealed.

     Signed March 8, 2017
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