§ 5.48.140. Sale of other commodities.

1)

Any person, corporation, or business entity that is issued a new license under SDCL 35-4-2(3) off-sale liquor in a municipality of the first class after June 30, 2008, and derives more than fifty percent of the licensee's annual gross receipts from the sale of food, prepared food, and food ingredients at the location where the license is held, shall display its alcoholic beverages, other than malt beverages and wine, in one area which is separated by a physical barrier from the rest of the establishment. For the purposes of this section, a physical barrier includes a wall or fence erected for the sole purpose of separating the area in which the alcoholic beverages are displayed from the rest of the establishment.

State Law reference— SDCL 35-4-121

2)

Any person, corporation, or business entity that is issued a new retail license under subdivision [SDCL] 35-4-2(3) off-sale liquor after June 30, 2009, and derives less than fifty percent of the licensee's annual gross receipts from the sale of alcoholic beverages at the location where the license is held shall display its alcoholic beverages, other than malt beverages and wine, in one area which is separated by a physical barrier from the rest of the establishment. For the purposes of this section, a physical barrier includes a wall or fence erected for the sole purpose of separating the area in which the alcoholic beverages are displayed from the rest of the establishment.

State Law reference— SDCL 35-4-122

(Ord. 1766, 1995: Ord. 1572 (part), 1988: Ord. 1536 (part), 1986).

(Ord. No. 2077, 5-24-2010)