This 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 allow for a maximum of three off-sale licenses under the relevant subdivisions for these smaller populations. The bill also clarifies that for populations exceeding one thousand, one additional license may be issued for every additional fifteen hundred residents or fraction thereof, while ensuring that the total number of licenses does not fall below the number that was allowable as of July 1, 1981.

Additionally, the bill amends Section 35-4-11.1, which outlines the process for county commissioners to determine the number of on-sale and off-sale licenses for the upcoming year. The amendments maintain the limit of three licenses for the first one thousand residents and one for each additional fifteen hundred, while also stipulating that a county off-sale license cannot be issued for retailers located within three miles of an incorporated municipality's boundary. The bill ensures that existing licensees are not denied reissuance based solely on population-based limitations.

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
Enrolled, 02/27/2025: 35-4-10, 35-4-11.1