| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 25.88. | |
| 1 | + | 25.88.12 100th Legislative Session 129 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | 2025 South Dakota Legislature | |
| 5 | 5 | Senate Bill 129 | |
| 6 | - | SENATE LOCAL GOVERNMENT ENGROSSED | |
| 7 | 6 | ||
| 8 | - | This bill has been extensively amended (hoghoused) and may no longer be | |
| 9 | - | consistent with the original intention of the sponsor. | |
| 7 | + | ||
| 8 | + | ||
| 9 | + | ||
| 10 | 10 | ||
| 11 | 11 | ||
| 12 | 12 | Introduced by: Senator Rohl | |
| 13 | 13 | ||
| 14 | 14 | Underscores indicate new language. | |
| 15 | 15 | Overstrikes indicate deleted language. | |
| 16 | 16 | An Act to modify renewal fee requirements for an on -sale liquor licensee whose 1 | |
| 17 | 17 | business premises have been annexed into a municipality of the first class. 2 | |
| 18 | 18 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 | |
| 19 | 19 | Section 1. That § 35-4-2 be AMENDED: 4 | |
| 20 | 20 | 35-4-2. The classes of licenses, with the fee of each class, are as follows: 5 | |
| 21 | 21 | (1) Repealed by SL 2018, ch 223, § 13; 6 | |
| 22 | 22 | (2) Wholesalers of alcoholic beverages--five thousand dollars; 7 | |
| 23 | - | (3) Off-sale--not less than three hundred dollars. The renewal fee for the license may 8 | |
| 23 | + | (3)(2) Off-sale--not less than three hundred dollars. The renewal fee for the license may 8 | |
| 24 | 24 | not exceed five hundred dollars; 9 | |
| 25 | - | (4) On-sale--not less than one dollar for each person residing within the municipality 10 | |
| 25 | + | (4)(3) On-sale--not less than one dollar for each person residing within the municipality 10 | |
| 26 | 26 | as measured by the last preceding federal census. The renewal fee for the license 11 | |
| 27 | 27 | may not exceed fifteen hundred dollars, except as provided in § 35-4-13; 12 | |
| 28 | - | (5) Off-sale licenses issued to municipalities under local option--not less than two 13 | |
| 28 | + | (5)(4) Off-sale licenses issued to municipalities under local option--not less than two 13 | |
| 29 | 29 | hundred fifty dollars; 14 | |
| 30 | - | (6) On-sale licenses issued outside municipalities--not less than the amount the 15 | |
| 30 | + | (6)(5) On-sale licenses issued outside municipalities--not less than the amount the 15 | |
| 31 | 31 | nearest municipality to the applicant is charging for a like license. The renewal fee 16 | |
| 32 | 32 | shall be the same as is charged for a like license in the nearest municipality. If the 17 | |
| 33 | 33 | municipality to which the applicant is nearest holds an on-sale license, pursuant to 18 | |
| 34 | 34 | § 35-3-13 and does not charge a specified fee, then the fee shall be the minimum 19 | |
| 35 | 35 | amount that could be charged as if the municipality had not been authorized to 20 | |
| 36 | 36 | obtain on-sale licenses pursuant to § 35-3-13. The renewal fee shall be the same 21 | |
| 37 | 37 | as could be charged for a like license in the nearest municipality; 22 | |
| 38 | 38 | (7) Repealed by SL 2018, ch 213, § 46; 23 | |
| 39 | - | (8) Transportation companies--twenty-five dollars; 24 | |
| 40 | - | (9) Carrier--one hundred dollars. The fee licenses all conveyances the licensee 25 | |
| 41 | - | operates in this state; 26 25.88. | |
| 39 | + | (8)(6) Transportation companies--twenty-five dollars; 24 | |
| 40 | + | (9)(7) Carrier--one hundred dollars. The fee licenses all conveyances the licensee 25 | |
| 41 | + | operates in this state; 26 25.88.12 2 129 | |
| 42 | 42 | Underscores indicate new language. | |
| 43 | 43 | Overstrikes indicate deleted language. | |
| 44 | 44 | (10) Repealed by SL 2018, ch 213, § 46; 1 | |
| 45 | - | (11) On-sale dealers at publicly operated airports--two hundred fifty dollars; 2 | |
| 46 | - | (12) Wine and cider retailers, being both package dealers and on | |
| 45 | + | (11)(8) On-sale dealers at publicly operated airports--two hundred fifty dollars; 2 | |
| 46 | + | (12)(9) Wine and cider retailers, being both package dealers and on-sale dealers--five 3 | |
| 47 | 47 | hundred dollars; 4 | |
| 48 | - | (13) Convention facility on-sale--not less than one dollar for each person residing | |
| 49 | - | the municipality as measured by the last preceding federal census. The | |
| 50 | - | fee for the license may not exceed fifteen hundred dollars; 7 | |
| 48 | + | (13)(10) Convention facility on-sale--not less than one dollar for each person residing 5 | |
| 49 | + | within the municipality as measured by the last preceding federal census. The 6 | |
| 50 | + | renewal fee for the license may not exceed fifteen hundred dollars; 7 | |
| 51 | 51 | (14) Repealed by SL 2018, ch 224, § 11; 8 | |
| 52 | - | (15) Wholesalers of malt beverages--four hundred dollars; 9 | |
| 53 | - | (16) Malt beverage and wine produced by a farm winery licensee, being both | |
| 54 | - | dealers and on-sale dealers--three hundred dollars; 11 | |
| 52 | + | (15)(11) Wholesalers of malt beverages--four hundred dollars; 9 | |
| 53 | + | (16)(12) Malt beverage and wine produced by a farm winery licensee, being both 10 | |
| 54 | + | package dealers and on-sale dealers--three hundred dollars; 11 | |
| 55 | 55 | (17) Repealed by SL 2018, ch 213, § 46; 12 | |
| 56 | 56 | (17A) Repealed by SL 2018, ch 213, § 46; 13 | |
| 57 | 57 | (18) Repealed by SL 2018, ch 213, § 46; 14 | |
| 58 | 58 | (19) Repealed by SL 2018, ch 213, § 46 and ch 222, § 11; 15 | |
| 59 | 59 | (20) Repealed by SL 2018, ch 213, § 46; 16 | |
| 60 | - | (21) Retail on premises manufacturer--two hundred fifty dollars; 17 | |
| 60 | + | (21)(13) Retail on premises manufacturer--two hundred fifty dollars; 17 | |
| 61 | 61 | (22) Repealed by SL 2018, ch 223, § 13; and 18 | |
| 62 | - | (23) Off-sale delivery--one hundred fifty dollars. 19 | |
| 62 | + | (23)(14) Off-sale delivery--one hundred fifty dollars. 19 | |
| 63 | 63 | Section 2. That § 35-4-13 be AMENDED: 20 | |
| 64 | 64 | 35-4-13. If, due to the annexation of territory by any municipality or county, the 21 | |
| 65 | 65 | premises of an on-sale licensee are transferred from one jurisdiction to another, the 22 | |
| 66 | 66 | licensee may continue to legally operate until the expiration of the license. After the 23 | |
| 67 | 67 | expiration of the license, the licensee may apply for renewal of the license to the governing 24 | |
| 68 | 68 | body that has jurisdiction over the licensed premises. The license application for renewal 25 | |
| 69 | 69 | may not be denied on the grounds that, by the issuance of the license, more on -sale 26 | |
| 70 | 70 | licenses are in existence than is are permitted by the limitations of this chapter. 27 | |
| 71 | 71 | If the licensee's premises have been annexed into a municipality of the first class 28 | |
| 72 | - | as described in § 9-2-1, the municipal governing body may, for the first renewal of the 29 | |
| 73 | - | on-sale license after the annexation, set a fee equal to the fee for the most recent on-sale 30 | |
| 74 | - | liquor license issued by the municipality. The municipality of the first class may not impose 31 | |
| 75 | - | the increased renewal fee on any licensee who, at the time the license was initially 32 | |
| 76 | - | acquired, paid a fee not less than the municipality of the first class was charging for an 33 | |
| 77 | - | on-sale license. 34 25.88.13 3 129 | |
| 78 | - | Underscores indicate new language. | |
| 79 | - | Overstrikes indicate deleted language. | |
| 80 | - | In any subsequent renewal of the license, the renewal fee must not exceed fifteen 1 | |
| 81 | - | hundred dollars, as set in subdivision 35-4-2(4). 2 | |
| 72 | + | as described in § 9-2-1, the fee for the first renewal of the on-sale license after the 29 | |
| 73 | + | annexation may be equal to the fee for the most recent on-sale liquor license issued by 30 | |
| 74 | + | the municipality. In any subsequent renewal of the license, the renewal fee must not 31 | |
| 75 | + | exceed fifteen hundred dollars, as described in subdivision 35-4-2(4). 32 |