Ages To Sell

• Off-Sale Malt Beverage License: No minimum age to sell packaged beer if the sale of alcoholic beverages constitutes less than fifty percent of the gross business transacted by that establishment.

• On/Off-Sale Malt Beverage License +50% Food Sales: If 50% or more of the gross business is from the sale of food, an employee age 18 or older may sell, serve or dispense alcoholic beverages as long as there is an employee on the premises who is at least 21 years of age.  An employee under the age of 21 may not tend bar or draw or mix alcoholic beverages.

• On/Off-Sale Malt Beverage License  -50% Food Sales:  If gross business from the sale of food is less than 50%, an employee selling the alcohol must be at least 21 years of age.

• On-Sale Liquor License +50% Food Sales: If 50% or more of the gross business is from the sale of food, an employee age 18 or older may sell, serve or dispense alcoholic beverages as long as there is an employee on the premises who is at least 21 years of age.  An employee under the age of 21 may not tend bar or draw or mix alcohol.

• On-Sale Liquor License -50% Food Sales: If gross business from the sale of food is less than 50%, an employee selling the alcohol must be at least 21 years of age.

• Package Liquor License:  Sales of alcoholic beverages may only be made by a person who is at least 21 years of age.

• On-Sale Wine License:  Sales of alcoholic beverages may only be made by a person who is at least 21 years of age.

City and County Information

• Municipalities may issue two package liquor licenses for the first 1,000 in population or fraction of 1,000 in population, and one additional license for each additional 1,500 in population or fraction thereof.

• Municipalities and counties may issue three on-sale liquor licenses for the first 1,000 in population or fraction thereof, and one additional on-sale for each additional 1,500 in population or fraction thereof.

Required Postings For Licensees

• Health Warning Sign - In accordance with SDCL 35-4-99 and SDCL 35-4-100, all licensed premises must prominently display a sign that explains the dangers faced by pregnant women who consume alcohol.  Please display this sign in such a manner as to provide an unobstructed view to the customers.  To order these posters, call the Department of Human Services, Division of Alcohol and Drug Abuse at 605-773-3123 or email the Special Tax Division.

Transferred License - Individuals Selling Their Business

• First, the seller and buyer must fill out the necessary paperwork from the city or county in which the property is located.  The city or county will then conduct a public hearing to approve the license transfer.  The approval is then passed along from the city or county to the Department of Revenue & Regulation.

• If you sell your business, be sure to file a final sales tax return with the department.  The alcohol license will not be transferred until the final sales tax return has been filed and all money due has been paid.  Also, the new owner must have a sales tax license before the transfer is approved.  The sales tax license and the alcohol license must be in the same name.

• Before a license will be transferred to the new buyer, all property taxes must be current.