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State of South Dakota
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NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
| 297X0277 | HOUSE BILL NO. 1092 |
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Introduced by: Representatives Willadsen, Hunhoff (Jean), Kirschman, and Stevens and
Senators Hunhoff (Bernie) and Tidemann
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FOR AN ACT ENTITLED, An Act to revise requirements for local permits for the sale and
consumption of alcoholic beverages on certain property abutting licensed establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-4-77.1 be amended to read:
35-4-77.1. 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, parking space, 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, parking space, 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-4-77.1 be amended to read:
35-4-77.1. 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, parking space, or walkway subject to a public right-of-way abutting a licensed premises
Nothing contained in this section prevents the governing body from imposing conditions or
restrictions that it deems appropriate.
The sidewalk, parking space, 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, parking space, 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, parking space, 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, parking space, 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.
