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State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
| 474N0565 |
SENATE BILL
NO.
181
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Introduced by:
Senators Gray, Lintz, and Nesselhuf and Representatives Kirkeby,
Boomgarden, Hanks, Howie, Nygaard, and Rounds
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FOR AN ACT ENTITLED, An Act to
allow a county to issue off-sale wine dealer's licenses to
certain destination facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
Notwithstanding the provisions of
§
35-4-6, a county may issue two off-sale wine dealer's
licenses to destination facilities located outside the boundaries of an incorporated municipality.
For the purposes of this section, a destination facility is a facility that annually has more than
two million visitors. The off-sale wine dealer's license for a destination facility 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. For the purposes of this
section, the term, premises, means one contiguous piece of real property on which sales are
generated by the licensee.
Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
A licensee licensed pursuant to section 1 of this Act may only sell wine produced by a farm
winery licensed pursuant to chapter 35-12.
Section 3. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
A license issued pursuant to section 1 of this Act shall be issued to the facility and location
specified on the application. Notwithstanding
§
35-4-2, the fee for the license is two hundred
fifty dollars. Each application shall be accompanied by the fee prior to consideration by the
board of county commissioners. Notwithstanding
§
35-5-21.1, the fee provided for in this
section shall be retained by the board of county commissioners issuing such license.
Section 4. That § 35-4-6 be amended to read as follows:
35-4-6. Except as provided in section 1 of this Act and subdivisions 35-4-2(16), (17), and (19), off-sale licenses may be issued under this chapter only to operate within a municipality.
Section 4. That § 35-4-6 be amended to read as follows:
35-4-6. Except as provided in section 1 of this Act and subdivisions 35-4-2(16), (17), and (19), off-sale licenses may be issued under this chapter only to operate within a municipality.
