An Act to repeal the oath requirement for an application for a lodging establishment, campground, food service establishment, or mobile food service establishment license.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-18-10 be AMENDED:

34-18-10. Every owner of a lodging establishment, campground, food service establishment, or mobile food service establishment shall annually secure obtain a license before beginning the operation of the establishment or campground. The license must be renewed annually on or before the first day of the license renewal period or before beginning the operation of the establishment or campground after making proper application December thirty-first. To obtain or renew a license, an owner must apply on a form provided by the department, accompanied by the proper license fee.

The initial application form shall be verified under oath and shall must contain the following:

(1) The name and address of the establishment or campground and previous name, if changed due to a change in ownership;

(2) The name, address, and telephone number of the owner and operator of the establishment or campground;

(3) A specification of the type of license applied for;

(4) If for a lodging establishment license, a description of the size of the establishment and whether it has a water recreational facility;

(5) If for a campground license, a description of the size and type of the campground and whether it has a water recreational facility;

(6) If for a food service or mobile food service establishment license, a description of the size of the establishment;

(7) A license fee schedule; and

(8) A certification of consent to allow inspections of the establishment or campground by authorized department inspectors during business hours upon the presentation of identification.

Section 2. That § 34-18-10.3 be REPEALED.

Unless there has been a change in the information or consent provided in the initial or any subsequent license application provided for in § 34-18-10, an application for annual renewal of the license does not have to be verified under oath.