South Dakota § 35-4-11.1 Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.

South Dakota Statutes

§ 35-4-11.1 — Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.

South Dakota § 35-4-11.1

Title 35ALCOHOLIC BEVERAGES

Ch. 35-3SALE OF BEVERAGES

This text of South Dakota § 35-4-11.1 (Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 35-4-11.1 (2026).

Text

If not previously fixed by ordinance or continuing resolution, the board of county commissioners must, before the second of September in each year, determine the number of on-sale and off-sale licenses it will approve for the ensuing calendar year and the fees to be charged for the various classifications of licenses. The number of licenses issued pursuant to subdivision 35-4-2 (6) may not exceed three for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof. The number of licenses issued pursuant to subdivision 35-4-2 (3) may not exceed three for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof. A county off-sale license may not be i

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If not previously fixed by ordinance or continuing resolution, the board of county commissioners must, before the second of September in each year, determine the number of on-sale and off-sale licenses it will approve for the ensuing calendar year and the fees to be charged for the various classifications of licenses. The number of licenses issued pursuant to subdivision 35-4-2 (6) may not exceed three for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof. The number of licenses issued pursuant to subdivision 35-4-2 (3) may not exceed three for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof. A county off-sale license may not be issued for a retailer located within three miles of the exterior boundary of an incorporated municipality. The population includes only those residing within the county, but outside the incorporated municipalities and improvement districts, created pursuant to chapter 7-25A , within the county. A licensee regularly licensed to do business on July 1, 1981, may not be denied reissuance of a license in subsequent years solely by reason of any limitations, based upon population quotas, of the number of licenses authorized or established under the provisions of this title. Licenses issued to concessionaires, and lessees of this state, within the boundaries of state parks, prior to January 1, 1983, may be subtracted when calculating the total number of licenses permitted in this section.

Legislative History

SL 1971, ch 211, § 47; SL 1982, ch 271, § 2; SL 1983, ch 264; SL 1987, ch 261, § 20; SL 1987, ch 262; SL 2000, ch 180, § 2; SL 2001, ch 194, § 3; SL 2010, ch 180, § 28; SL 2018, ch 213, § 59; SL 2021, ch 166, § 2; SL 2025, ch 146, § 2.