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S.D. Codified Laws § 35-4-10

Number of off-sale licenses restricted by population--Grounds for revocation limited

Applied in 1 court decision — leading case Rushmore State Bank v. Kurylas, Inc. (1988)

Most recently applied in Rushmore State Bank v. Kurylas, Inc. (May 1988)

Source: SDC 1939, § 5.0204 (5); SL 1959, ch 6; SL 1971, ch 211, § 46; SL 1982, ch 271, § 3; SL 1987, ch 261, § 18; SL 1993, ch 266; SL 2010, ch 180, § 26; SL 2018, ch 213, § 56;…

No more than three off-sale licenses issued pursuant to subdivisions 35-4-2(3) and (5) may be issued under this chapter to operate in a municipality of one thousand or less. Above this population limit, no more than one license may be issued for every additional fifteen hundred of population or fraction thereof. The number of off-sale licenses may not be less than the total number of licenses allowable as of July 1, 1981, which have never been revoked or not reissued.

For purposes of this section, "population" means an amount equal to the population estimates published by the United States Census Bureau for each even-numbered year, except for the decennial year. For a decennial year, population is equal to the amount determined by the decennial federal census.

If a license issued pursuant to this section exceeds the number of licenses permissible in accordance with the decennial federal census, the license may not be revoked or denied renewal solely because issuance of the license exceeded the permissible number.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.