CHAPTER 35-2
LICENSING POLICIES AND PROCEDURES
35-2-1 License application--Contents.
35-2-1.1 Applications submitted to secretary--Approval if suitable.
35-2-1.2 Applications submitted to local governing body--Fee--Approval or disapproval.
35-2-2 Fees.
35-2-2.1 Agreement by license applicant granting access to premises and records.
35-2-3 Hearing required before issuance of retail license.
35-2-4 Request for notice of hearing on retail license application--Notice by mail required.
35-2-5 Time and place of hearing on retail license--Publication of notice.
35-2-5.1 Return of application disapproved by local governing body--Waiting period before new application.
35-2-5.2 Approval of application by local governing body--Approval by secretary required--Deposit of fees.
35-2-5.3 Local licensing authority--Denying reissuance of on-sale license not actively used.
35-2-6 35-2-6. Repealed by SL 1971, ch 211, § 121.
35-2-6.1 State educational institutions--License to operate on campus prohibited--Exceptions.
35-2-6.2 Character requirements for licensees.
35-2-6.3 Ownership or lease of premises required of licensees--Ownership of business.
35-2-6.4 Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor.
35-2-6.5 35-2-6.5. Repealed by SL 2010, ch 180, § 12.
35-2-6.6 35-2-6.6, 35-2-6.7. Repealed by SL 2018, ch 213, §§ 25, 26.
35-2-6.8 Manufacturers and wholesalers permitted to pour or serve at certain events.
35-2-6.9 Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers.
35-2-6.10 Manufacturers and wholesalers permitted to donate beverages to certain licensees.
35-2-7 Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee.
35-2-8 Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued.
35-2-9 Sale of stock in trade on termination of license.
35-2-10 Violation as ground for revocation or suspension of license--Multiple licenses.
35-2-10.1 Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty.
35-2-10.2 Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction.
35-2-10.3 Compliance checks of prohibited alcohol sales to persons under age twenty-one.
35-2-11 35-2-11. Repealed by SL 1971, ch 211, § 121.
35-2-11.1 Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary.
35-2-11.2 Notice of hearing prior to local governing body's recommendation of suspension or revocation.
35-2-12 Investigation--Revocation or suspension proceedings.
35-2-13 Right to hearing on action on application or license.
35-2-14 35-2-14 to 35-2-18. Repealed by SL 1971, ch 211, § 121.
35-2-19 Termination of rights after revocation of license.
35-2-20 Waiting period for new license after revocation--Application by relatives or employees.
35-2-21 Suspension in lieu of revocation of license--Maximum period--Compromise settlement.
35-2-22 35-2-22, 35-2-23. Repealed by SL 1971, ch 211, § 121.
35-2-24 Requirements for reissuance of license.
35-2-25 Sales or use tax licenses.
35-2-26 Licensees or employees charged with certain felonies may be prohibited from licensed premises.
35-2-1. License application--Contents.
Any application for a license as provided in this title shall be made on forms prescribed by the secretary. The application shall contain information required by the secretary and necessary to determine the eligibility of the applicant.
Source: SDC 1939, § 5.0103; SL 2010, ch 180, § 8; SL 2018, ch 213, § 10.
35-2-1.1. Applications submitted to secretary--Approval if suitable.
Any application under this title for a manufacturer, wholesaler, transporter, carrier, retail on premises manufacturer, wine carrier, or direct shipper license, and any application for a license to be issued to a county or municipality, shall be initially submitted to the secretary. The secretary may approve the application if the secretary considers the applicant suitable to hold the license and the proposed location is suitable.
Source: SDC 1939, §§ 5.0207, 5.0306; SDCL §§ 35-4-31, 35-6-14; SL 1971, ch 211, § 12; SL 2008, ch 37, § 139; SL 2018, ch 213, § 11.
35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval.
Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county in which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable.
The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35-4-2(4), (6), or (13) if:
(1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and
(2) The governing body determines that possession of more than one-third of licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
35-2-2. Fees.
Every application for a license submitted to the secretary as provided by § 35-2-1.1 shall be accompanied by payment of the required fee for the license. However, the license fee for a municipal off-sale license shall be retained by the municipality. If the application is rejected, the fee shall be promptly returned to the applicant. If the application is granted, the fee shall be deposited in the general fund.
Source: SDC 1939, § 5.0113; SL 1971, ch 211, § 15; SL 1973, ch 235; SL 1987, ch 261, § 3; SL 2010, ch 180, § 9; SL 2018, ch 213, § 13.
35-2-2.1. Agreement by license applicant granting access to premises and records.
Each application for a license under this title shall include an agreement by the applicant that the applicant's premises, for the purposes of search and seizure laws of the state and any ordinances of the municipality where the license is issued, are considered public premises. In addition, the agreement shall state:
(1) The premises and all buildings, safes, cabinets, lockers, and storerooms on the premises are at all times, on demand of the secretary, the attorney general, or officers charged with law enforcement in the county or municipality, open to inspection;
(2) All of the applicant's records and books dealing with the sale and ownership of alcoholic beverages are open to the persons specified in subdivision (1) for inspection; and
(3) The application and license issued on the application is a contract between the applicant and the state and the county or municipality having jurisdiction entitling the state and the county or municipality, for the purpose of enforcing the law, rules, and ordinances, to inspect the applicant's premises and books at any time.
Source: SDC 1939, § 5.0209; SL 1945, ch 21, § 2; SDCL §§ 35-4-39, 35-4-40; SL 1971, ch 211, § 14; SL 2008, ch 37, § 141; SL 2018, ch 213, § 14.
35-2-3. Hearing required before issuance of retail license.
No license for a retail on-sale or off-sale alcoholic beverage license may be issued to an applicant until a public hearing is conducted pursuant to §§ 35-2-4 and 35-2-5.
Source: SL 1949, ch 17, § 1; SDC Supp 1960, § 5.0103-1; SL 2008, ch 37, § 142; SL 2018, ch 213, § 15.
35-2-4. Request for notice of hearing on retail license application--Notice by mail required.
If any resident of an incorporated municipality files with the finance officer of the municipality, or if any resident of a county files with the county auditor a written request that the resident be notified of the time and place of hearing upon any specified application for a license for the retail on-sale or off-sale of alcoholic beverages, the finance officer or county auditor shall give notice to the resident. The notice shall be sent by mail a sufficient length of time before the hearing to allow the resident a reasonable opportunity to be present.
Source: SL 1949, ch 17, § 3; SDC Supp 1960, § 5.0103-1; SL 2008, ch 37, § 143; SL 2018, ch 213, § 16.
35-2-5. Time and place of hearing on retail license--Publication of notice.
The governing body of any incorporated municipality or county being presented applications for retail on-sale or off-sale alcoholic beverage licenses shall fix the time and place for hearing upon all applications that come before the body. The finance officer or county auditor shall publish one notice in the official newspaper of the municipality or county. The notice shall be headed "Notice of Hearing Upon Applications for Sale of Alcoholic Beverages," shall state the time and place when and where the applications will be considered, and shall state that any person interested in the approval or rejection of any application may appear and be heard. The notice shall be published at least one week before the hearing. At the hearing, the body shall consider each application and any objection to the application before making a final decision on an application.
Source: SL 1949, ch 17, § 2; SDC Supp 1960, § 5.0103-1; SL 2008, ch 37, § 144; SL 2018, ch 213, § 17.
35-2-5.1. Return of application disapproved by local governing body--Waiting period before new application.
If the governing body of the municipality or county does not approve the application, the governing body shall endorse on the application the reasons for the denial and return the application and fee to the applicant. No further application may be received from the applicant until after the expiration of one year from the date of a denied application. However, if the application was denied based on the suitability of the location for the license, no further application may be received from the applicant until after three months from the date of the denied application if the subsequent application is for a different location.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDCL §§ 35-4-32, 35-6-15; SL 1971, ch 211, § 16; SL 1992, ch 60, § 2; SL 1993, ch 263; SL 2010, ch 180, § 10; SL 2018, ch 213, § 18.
35-2-5.2. Approval of application by local governing body--Approval by secretary required--Deposit of fees.
If the governing body of the municipality or county approves the application, the governing body shall endorse the approval on the application. The licensee is entitled to operate under the license for the succeeding licensing year if the license is approved by the secretary. The license fee shall be deposited in the general fund of the municipality or county.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDCL §§ 35-4-32, 35-6-15; SL 1971, ch 211, § 16; SL 1980, ch 251, § 1; SL 1992, ch 60, § 2; SL 2010, ch 180, § 11; SL 2018, ch 213, § 19.
35-2-5.3. Local licensing authority--Denying reissuance of on-sale license not actively used.
The governing body of a municipality or county may deny reissuance of any on-sale license issued pursuant to subdivision 35-4-2(4), (6), or (13) to the same licensee or the licensee's transferee if the license has not been actively used by the applicant during the two years preceding the date of the current application. For purposes of this section, the term "actively used" means:
(1) The licensed premises was open to the public during regular business hours for the sale and consumption of distilled spirits for at least sixty days during the two preceding years; or
(2) The licensed premises is open five days per year and open to the public during a special event that has at least twenty-five thousand visitors.
The number of licenses held by a municipality pursuant to chapter 35-3 may not be less than the total number of licenses available to be issued as of July 1, 2010.
Source: SL 1975, ch 227; SL 2007, ch 206, § 1, eff. Jan. 1, 2009; SL 2010, ch 181, § 1; SL 2018, ch 213, § 20; SL 2024, ch 147, § 1.
35-2-6.1. State educational institutions--License to operate on campus prohibited--Exceptions.
No on-sale or off-sale license may be granted under this title to operate on the campus of any state educational institution. However, if the outside boundary of any state educational institution is extended, this section does not apply to any license granted previous to the extension.
This section does not apply to South Dakota Services for the Deaf.
For the purpose of this section, the term, campus, means only the area immediately surrounding the buildings used for classrooms, administrative offices, and housing.
Notwithstanding this section:
(1) An alcoholic beverage license may be issued pursuant to subdivisions 35-4-2(12) and (16) for the sole purpose of permitting the licensee to engage in the periodic retail sale of malt beverages, or wine, for consumption on-site, at a location and time authorized by the Board of Regents, which involves the performing arts, intercollegiate athletics, fund raising, a reception, a conference, or an occasional or scheduled event at a facility used for performing arts, intercollegiate athletics, events, or receptions; and
(2) A special events license may be issued, pursuant to §§ 35-4-124, 35-4-124.1, and 35-4-125, for a special event authorized by the Board of Regents, which involves the performing arts, intercollegiate athletics, fund raising, a reception, a conference, or an occasional or scheduled event.
Source: SDC 1939, §§ 5.0204 (7), 5.0303 (7); SL 1951, ch 10; SDCL §§ 35-4-17, 35-6-12; SL 1971, ch 211, § 24; SL 1974, ch 246, § 1; SL 1979, ch 245; SL 1980, ch 252; SL 1984, ch 247; SL 2016, ch 187, § 1; SL 2018, ch 213, § 21; SL 2023, ch 62, § 20.
35-2-6.2. Character requirements for licensees.
Any licensee under this title shall be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers of the corporation shall meet the same qualifications.
Source: SDC 1939, §§ 5.0204 (10) (c), 5.0303 (2); SDCL §§ 35-4-26, 35-6-4; SL 1971, ch 211, § 25; SL 2018, ch 213, § 22.
35-2-6.3. Ownership or lease of premises required of licensees--Ownership of business.
Any manufacturer, wholesaler, or retailer licensee under this title shall be the owner or actual lessee of the premises where the business is conducted and the sole owner of the business operated under the license. However, this section does not apply to a special event licensee issued a temporary license pursuant to § 35-4-124.
Source: SDC 1939, §§ 5.0204 (10) (d), (e), 5.0303 (3); SDCL §§ 35-4-27, 35-4-28, 35-6-7; SL 1971, ch 211, § 26; SL 2018, ch 213, § 23.
35-2-6.4. Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor.
No manufacturer or wholesaler licensee under this title nor any officer, director, stockholder, agent, or employee thereof or any relative of the licensee, officer, director, stockholder, agent, or employee may be in any way financially interested, either directly or indirectly, or participate in the operation of the business of any retailer licensee other than by reason of sales to the licensee. A retailer who is a party to any action prohibited by this section is guilty of a Class 2 misdemeanor.
Source: SDC 1939, §§ 5.0118, 5.0242 (1) as enacted by SL 1947, ch 22; SL 1949, ch 16; SDCL §§ 35-4-53, 35-8-11; SL 1971, ch 211, § 27; SL 1985, ch 290; SL 1991, ch 298, § 2; SL 1992, ch 158, § 56; SL 2018, ch 213, § 24; SL 2019, ch 162, § 1.
35-2-6.8. Manufacturers and wholesalers permitted to pour or serve at certain events.
Notwithstanding the provisions of § 35-2-6.4 or 35-4-52, a licensed manufacturer or wholesaler may pour or serve alcoholic beverages at an event conducted by any civic, charitable, educational, fraternal, or veterans organization licensed pursuant to § 35-4-124.
Source: SL 2017, ch 165, § 1, eff. Mar. 14, 2017; SL 2018, ch 217, § 1.
35-2-6.9. Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers.
Notwithstanding the provisions of § 35-2-6.4 or 35-4-52, a manufacturer, wholesaler, or an agent of a manufacturer or wholesaler may enter into a sponsorship or advertising agreement with a retailer who is a civic, charitable, educational, fraternal, or veterans organization licensed pursuant to § 35-4-124, a public entity as defined by § 3-21-1, or an operator of property owned by a public entity for advertising at or sponsorship of property owned by the public entity.
Source: SL 2018, ch 218, § 1.
35-2-6.10. Manufacturers and wholesalers permitted to donate beverages to certain licensees .
Notwithstanding the provisions of § 35-2-6.4 or 35-4-52, a manufacturer or wholesaler may donate alcoholic beverages to any civic, charitable, educational, fraternal, or veterans organization licensed pursuant to § 35-4-124.
Source: SL 2018, ch 217, § 2.
35-2-7. Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee.
Any license granted under this title may be transferred to a new location or to another person. If the transfer is to another person, the licensee shall show in writing, under oath, that the licensee has made a bulk sale of the business operated under the license. The bulk sale may be conditioned upon the granting of a transfer of the license. The transferee shall make an application exactly as an original applicant, and the application shall be acted upon in the same manner as an original application. No transfer of any license to another person may be granted until all taxes incurred by the transferor as a result of the operation of the licensed premises, including municipal and state sales and use taxes, state reemployment assistance or unemployment insurance tax, or any other state tax, are paid or are not delinquent. No transfer of any license to another person may be granted until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No transfer of any license may be granted from an Indian tribe operating in Indian country controlled by the Indian tribe or from an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until all use tax incurred as a result of the operation of the licensed premises by nonmembers, and any other state tax, has been remitted or is not delinquent. If the transfer is to a new location, the licensee shall make application showing all the relevant facts for the new location. The application shall be acted upon in the same manner as an original application. If a license is transferred, a fee of one hundred fifty dollars is required to continue the unexpired portion of the license.
Source: SDC 1939, § 5.0110; SL 1939, ch 11; SL 1980, ch 251, § 2; SL 1982, ch 269; SL 1990, ch 293, § 1; SL 2006, ch 191, § 1; SL 2018, ch 213, § 27; SL 2019, ch 216, § 35.
35-2-8. Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued.
If an individual licensee under this title dies, the personal representative of the deceased licensee may succeed to all of the rights of the deceased licensee under the license. By operating under the license, the personal representative agrees to all of the terms and conditions of the license and is subject to all of the liabilities and responsibilities of the licensee. Any bond executed under this title includes the personal representative as a principal if the license passes to the personal representative.
Source: SDC 1939, § 5.0116; SL 1971, ch 211, § 17; SL 2008, ch 37, § 146; SL 2018, ch 213, § 28.
35-2-9. Sale of stock in trade on termination of license.
Any licensee authorized to deal in alcoholic beverages, upon termination of the license, may at any time within thirty days after the termination of the license sell the whole or any part of the alcoholic beverages included in the licensee's stock in trade at the time of the termination to any wholesaler licensed to sell the alcoholic beverages purchased.
Source: SDC 1939, § 5.0106; SL 2008, ch 37, § 147; SL 2010, ch 180, § 13; SL 2018, ch 213, § 29.
35-2-10. Violation as ground for revocation or suspension of license--Multiple licenses.
The secretary, in compliance with chapter 1-26, may revoke or suspend any license issued under this title upon proof of violation by the licensee, by the licensee's agents or employees, or by the manager or contractual operators of retail establishments and their agents or employees operating under a county or municipal license, of any of the following:
(1) Any provision of this title;
(2) Any rule promulgated pursuant to this title; or
(3) Any ordinance or regulation relevant to alcoholic beverage control adopted by the political subdivision issuing the license.
For any licensee with multiple alcoholic beverage licenses for the same premises, upon suspension or revocation of any license pursuant to this title, the licensee shall cease operation under all alcoholic beverage licenses held by the licensee for the same premises for the same period as the suspension or revocation.
Source: SDC 1939, § 5.0104; SL 1971, ch 211, § 18; revised pursuant to SL 1972, ch 15, § 4; SL 1993, ch 264; SL 2008, ch 37, § 148; SL 2010, ch 180, § 14; SL 2015, ch 196, § 25, eff. Jan. 1, 2016; SL 2018, ch 213, § 30.
35-2-10.1. Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty.
No retail license may be revoked or suspended because of a violation of any statute, ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person under the age of twenty-one years if the violation was committed by an employee or agent of the licensee and the licensee has not had more than two violations of any statute, ordinance, rule, or regulation prohibiting the sale or service of an alcoholic beverage to a person under the age of twenty-one years on the premises where the violation occurred in the previous twenty-four months.
If the licensee meets the requirements of the conditions of this section, the secretary shall impose a civil penalty of five hundred dollars for a first violation and one thousand dollars for a second violation. However, if the employee or agent has not been certified by a nationally recognized training program approved by the department that provides instruction on techniques to prevent persons under the age of twenty-one years from purchasing or consuming alcoholic beverages, the secretary shall impose a civil penalty of one thousand dollars for a first violation and two thousand dollars for a second violation.
A licensee may request an administrative hearing pursuant to chapter 1-26 to contest the imposition of a civil penalty.
Source: SL 2000, ch 177, § 1; SL 2003, ch 189, § 1; SL 2005, ch 198, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2018, ch 213, § 31.
35-2-10.2. Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction.
The department shall maintain on its public internet website, a directory listing all nationally recognized training programs that are approved by the department. Any licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has the burden of proof to show that the licensee's employees have attended an approved alcohol training program to be eligible for any reduction in the penalty imposed for the violation.
Source: SL 2005, ch 197, § 1; SL 2018, ch 213, § 32.
35-2-10.3. Compliance checks of prohibited alcohol sales to persons under age twenty-one.
Any enforcement entity that conducts compliance checks using underaged informants to determine if a licensee will sell an alcoholic beverage to a person under the age of twenty-one shall inform the licensee in writing of the results of any compliance check within forty-eight hours after the compliance check takes place. No licensed premises may be subject to more than one compliance check within a forty-eight hour period.
Source: SL 2005, ch 198, § 1; SL 2018, ch 213, § 33.
35-2-11.1. Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary.
The governing body of a municipality or county may recommend to the secretary following a hearing that any license issued under this title be suspended or revoked for violation of any of the provisions of this title or for violations of any ordinance or regulation of the governing body relevant to alcoholic beverage control that occurs on the premises of the licensee. Upon receipt of the recommendation, the secretary shall proceed as provided in §§ 35-2-10 and 35-2-21.
Source: SL 1977, ch 287, § 1; SL 2010, ch 180, § 15; SL 2018, ch 213, § 34.
35-2-11.2. Notice of hearing prior to local governing body's recommendation of suspension or revocation.
Any action taken by the governing body of a municipality or county pursuant to § 35-2-11.1 shall be preceded by notification to the licensee, at the address given on the license, at least thirty days in advance of the date set for public hearing. Notice of public hearing shall be published in the official newspaper of the municipality or county at least one week before the hearing in a form approved by the governing body.
Source: SL 1977, ch 287, § 2; SL 1992, ch 60, § 2; SL 2018, ch 213, § 35.
35-2-12. Investigation--Revocation or suspension proceedings.
If the secretary receives information of a violation by any licensee of any provision of this title, the secretary shall investigate the alleged violation. If there is substantial evidence to support that a violation of any provision of this title has occurred, the secretary shall proceed in accordance with the provisions of §§ 35-2-10, 35-2-10.1, and 35-2-21.
Source: SDC 1939, § 5.0104; SL 1971, ch 211, § 19; SL 2008, ch 37, § 149; SL 2018, ch 213, § 36; SL 2021, ch 49, § 15.
35-2-13. Right to hearing on action on application or license.
An applicant or licensee under this title or any interested person or governing body has a right to a hearing in relation to any action taken upon the application or license. The hearing shall be held in the county where the license has been applied for or issued under the provisions of chapter 1-26. However, if the parties agree, a hearing to determine whether the secretary may suspend or revoke a license may be held at a location other than the county where the license has been applied for or issued.
Source: SDC 1939, § 5.0104; SDCL § 35-2-18; SDCL § 35-2-13 as enacted by SL 1971, ch 211, § 20; SL 2001, ch 193, § 1; SL 2010, ch 180, § 16; SL 2018, ch 213, § 37.
35-2-19. Termination of rights after revocation of license.
Upon service of notice of a decision or order for revocation of the license on the licensee, all of the licensee's rights under the license terminate, except in the event of a stay on appeal.
Source: SDC 1939, § 5.0104; SL 1971, ch 211, § 21; SL 2008, ch 37, § 150; SL 2018, ch 213, § 38.
35-2-20. Waiting period for new license after revocation--Application by relatives or employees.
No licensee under this title, whose license is revoked, may be granted any license under this title for one year after the revocation. If any relative of any such former licensee or any of the former licensee's employees or former employees, applies for any such license before the one-year period has elapsed, the license may be granted only upon affirmative and satisfactory proof that the former licensee has no interest in the business.
Source: SDC 1939, § 5.0119; SL 1971, ch 211, § 22; SL 2008, ch 37, § 151; SL 2010, ch 180, § 17.
35-2-21. Suspension in lieu of revocation of license--Maximum period--Compromise settlement.
If a violation is established in any proceeding under this title, but the secretary determines due to the nature and the circumstances of the violation, a suspension of the license is adequate, the secretary may, instead of revoking the license, suspend the license for a period not exceeding sixty days. During the period of the suspension, the licensee may not exercise any rights or privileges under the license. The secretary may, in lieu of suspending or revoking the license, accept a monetary settlement of any proceeding under this title. The amount of the settlement may not exceed seventy-five thousand dollars. The secretary may also recover the actual costs of investigation and prosecution.
Source: SDC 1939, § 5.0104; SL 1971, ch 211, § 23; SL 1991, ch 296; SL 2008, ch 37, § 152; SL 2010, ch 180, § 18; SL 2015, ch 196, § 24, eff. Jan. 1, 2016; SL 2018, ch 213, § 39.
35-2-24. Requirements for reissuance of license.
No license granted under this title may be reissued until all taxes incurred by the licensee as a result of the operation of the licensed premises, including municipal and state sales and use taxes, state reemployment assistance or unemployment insurance tax, or any other state tax, are paid or are not delinquent. No license granted under this title may be reissued until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No license granted under this title may be reissued to an Indian tribe operating in Indian country controlled by the Indian tribe or to an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until the Indian tribe or enrolled tribal member remits to the Department of Revenue all use tax incurred by nonmembers as a result of the operation of the licensed premises, and any other state tax has been remitted or is not delinquent.
Source: SL 1990, ch 293, § 2; SL 2006, ch 191, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2019, ch 216, § 36.
35-2-25. Sales or use tax licenses.
No license granted pursuant to this title may be issued unless the applicant has first obtained a sales tax license pursuant to chapter 10-45, if applicable, or a use tax license pursuant to chapter 10-46, if applicable.
Source: SL 1994, ch 284; SL 2006, ch 191, § 3, eff. Jan. 1, 2007; SL 2010, ch 180, § 19; SL 2011, ch 172, § 2; SL 2018, ch 213, § 40.
35-2-26. Licensees or employees charged with certain felonies may be prohibited from licensed premises.
Any licensee or employee of a licensee who is charged with a felony offense involving a minor, a crime of violence pursuant to subdivision 22-1-2(9), or a felony drug-related offense on the licensed premises may, as a condition of bond, be prohibited from entering onto the licensed premises.
Source: SL 2012, ch 191, § 1.
