The bill amends South Dakota law to increase the number of off-sale licenses that can be issued in municipalities and counties with a population of one thousand or less from two to three. Specifically, it modifies Section 35-4-10 to reflect this change and clarifies that for populations exceeding one thousand, one additional license may be issued for every additional fifteen hundred residents. The bill also ensures that licenses issued prior to the decennial federal census cannot be revoked or denied renewal solely based on exceeding the permissible number of licenses as determined by the census.

Additionally, the bill amends Section 35-4-11.1, mandating that the board of county commissioners must determine the number of on-sale and off-sale licenses to be approved for the upcoming calendar year by September 2nd each year. It reiterates the new limit of three off-sale licenses for the first one thousand of population and maintains the same population-based licensing structure for additional licenses. The bill also includes provisions regarding the issuance of licenses in relation to the proximity of retailers to incorporated municipalities and ensures that existing licensees are not denied reissuance based on population quotas established in the law.

Statutes affected:
Introduced, 01/19/2025: 35-4-10
House Commerce and Energy Engrossed, 01/29/2025: 35-4-10, 35-4-11.1
House Engrossed, 02/04/2025: 35-4-10, 35-4-11.1