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35-1-1Definition of terms.

Terms used in this title mean:

(1)    "Alcoholic beverage," any distilled spirits, wine, ciders, and malt beverages as defined in this title;

(2)    "Bulk container," any package, or any container within which container are one or more packages;

(3)    "Carrier," a person who for hire transports passengers and who sells or furnishes to passengers for consumption alcoholic beverages aboard any means of conveyance or allows passengers to consume the passenger's own alcoholic beverages aboard the conveyance;

(3A)    "Cider," any alcoholic beverage obtained by the fermentation of the juice of apples or pears that contains not less than one-half of one percent of alcohol by weight and not more than ten percent of alcohol by weight, including flavored, sparkling, or carbonated cider;

(3B)    "Controlling interest," an ownership interest in the licensee of ten percent or more;

(4)    "Department," the Department of Revenue;

(5)    "Dispenser," a duly licensed physician, dentist, veterinarian, osteopath, podiatrist, chiropractor, or pharmacist; or a druggist, sanitarium, hospital, clinic, educational institution, industrial company, or industrial corporation who purchases alcohol for scientific and medicinal purposes only;

(6)    "Distilled spirits," ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including any dilutions or mixtures thereof, for nonindustrial use containing not less than one-half of one percent of alcohol by weight;

(7)    Repealed by SL 2018, ch 213, § 1;

(8)    "Malt beverage," a beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, or any other similar product, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human consumption containing not less than one-half of one percent of alcohol by weight;

(9)    "Manufacturer," any person who owns, has a controlling interest in, operates, or aids in operating any establishment for the brewing, production, bottling, or blending of any alcoholic beverage, whether occurring within or without this state;

(10)    "Minibar," any closed container, either refrigerated or nonrefrigerated, having restricted access to the interior by means of a locking device that requires the use of a key, magnetic card, or similar device, or controlled by the licensee at all times;

(11)    "Municipality," any incorporated city or town, and any unincorporated platted town having a United States post office. However, the subsequent withdrawal of a United States post office does not affect the right of established liquor licenses to be continued, renewed, or transferred and does not prevent the owner or bona fide lessee of the licensed premises from receiving a renewal or reissuance of the license;

(12)    "Off-sale," the sale of any alcoholic beverage for consumption off the premises where sold;

(13)    "On-sale," the sale of any alcoholic beverage for consumption only upon the premises where sold;

(14)    "On-sale dealer," any person who sells, or keeps for sale, any alcoholic beverage for consumption on the premises where sold;

(15)    "Package," the bottle or immediate container of any alcoholic beverage;

(16)    "Package dealer," any person other than a manufacturer or wholesaler who sells, or keeps for sale, any alcoholic beverage for consumption off the premises where sold;

(17)    "Population," number of inhabitants as determined by the last preceding decennial federal census;

(17A)    "Powdered, condensed, or concentrated alcohol," an alcoholic product that is created using a process that reduces the alcohol to a concentrated form and that allows the alcohol to be reconstituted with water or other liquid;

(17B)    "Relative," any person who is a husband, wife, son, daughter, brother, sister, father, or mother;

(18)    "Retail license," an on-sale or off-sale license issued under the provisions of this title;

(19)    "Retailer," or "retail dealer," any person who sells alcoholic beverages for other than resale;

(20)    "Sale," the transfer, for a consideration, of title to any alcoholic beverage;

(21)    "Secretary," the secretary of revenue;

(21A)    "Serve," the taking of an order for an alcoholic beverage and intentionally delivering the alcoholic beverage to a customer for the purpose of consumption on the licensed premises and the customer takes physical possession of the alcoholic beverage;

(22)    Repealed by SL 2018, ch 213, § 1;

(23)    "Transportation company," or "transporter," any common carrier or operator of a private vehicle transporting or accepting for transportation any alcoholic beverages, but not including transportation by carriers in interstate commerce where the shipment originates outside of the state and is destined to a point outside of the state;

(24)    "Wholesaler," any person who sells alcoholic beverages to retailers for resale;

(25)    "Wine," any beverage made from the fermentation of grapes, grape juice, other fruit bases, or honey, with or without adding alcoholic beverages; without rectification, except for the purpose of fortification; and contains not less than one-half percent and not more than twenty-four percent alcohol by volume.

Source: SDC 1939, §§ 5.0101, 5.0204 (12); SL 1945, ch 17, § 1; SL 1955, ch 6, § 1; SL 1961, ch 12; SL 1965, ch 10, § 1; SDCL § 35-4-30; SL 1971, ch 211, §§ 5, 6, 121; SL 1983, ch 263; SL 1987, ch 261, §§ 1, 2; SL 1989, ch 311, § 1; SL 1998, ch 221, § 1; SL 2003, ch 272 (Ex, Ord. 03-1), § 82; SL 2010, ch 180, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2015, ch 194, § 1; SL 2017, ch 163, § 1; SL 2018, ch 213, § 1; SL 2018, ch 214, § 1; SL 2018, ch 215, § 3; SL 2018, ch 223, § 27.


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