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State of South Dakota
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EIGHTY-THIRD
SESSION LEGISLATIVE ASSEMBLY, 2008 |
| 960P0580 | SENATE COMMERCE ENGROSSED NO. HB 1203 - 2/12/2008 |
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Introduced by:
Representatives Dreyer, McLaughlin, Pederson (Gordon), Pitts, and
Tidemann and Senators Albers, Katus, McCracken, and Olson (Ed)
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FOR AN ACT ENTITLED, An Act to
provide for the sale or consumption of alcoholic
beverages upon property adjoining licensed premises.
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
§
35-4-75, the governing body of the municipality
charged with the approval of alcoholic beverage license issuance may, by ordinance, permit the
sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right-
of-way abutting a licensed premises, provided that the license holder derives more than fifty
percent of its gross receipts from the sale of prepared food for consumption on the licensed
premises. The sidewalk or walkway subject to a public right-of-way shall be immediately
adjacent to and abutting the licensed premises. This section does not apply to any federal-aid
eligible highway unless approved in accordance with the applicable requirements for the receipt
of federal aid.
Nothing contained in this section prevents the governing body from imposing conditions or
restrictions that it deems appropriate.
The sidewalk or walkway subject to a public right-of-way where the sale and consumption
of alcoholic beverages is permitted does not constitute a public place as defined in
§
35-1-5.3,
if the sidewalk or walkway subject to a public right-of-way has been properly authorized for sale
and consumption of alcoholic beverages pursuant to this section. The hours of authorized sale
and consumption on the sidewalk or walkway subject to a public right-of-way as provided by
this section shall be consistent with the hours permitted for the on-sale license.
A violation of any provision of Title 35 by an alcoholic beverage license holder conducting
business on a sidewalk or walkway subject to a public right-of-way pursuant to this section
constitutes a violation of Title 35 as if the violation had occurred in or on the licensed premises.
