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 or walkway subject to a public right-of-way abutting a 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.
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 or walkway subject to a public right-of-way abutting a 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 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.
An Act to revise requirements for local permits for the sale and consumption of alcoholic beverages on certain property abutting licensed establishments.
An Act to revise requirements for local permits for the sale and consumption of alcoholic beverages on certain property abutting licensed establishments.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1092
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1092 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
