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(1) Repealed by SL 2018, ch 223, § 13; 6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(7) Repealed by SL 2018, ch 213, § 46; 23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(10) Repealed by SL 2018, ch 213, § 46; 1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