Section 35-1-5.3 - Consumption of distilled spirits in public place other than licensed on-sale premisesprohibited--Exception--Consumption of alcoholic beverages on on-sale premisesfrom which beverage - South Dakota Statutes

35-1-5.3. Consumption of distilled spirits in public place other than licensed on-sale premises prohibited--Exception--Consumption of alcoholic beverages on on-sale premises from which beverage not purchased prohibited--Violation as misdemeanor. It is a Class 2 misdemeanor for any person to consume any distilled spirits in any public place, other than upon the premises of a licensed on-sale dealer. For purposes of this section, the term, public place, means any place, whether in or out of a building, commonly and customarily open to or used by the general public, and any street or highway.
The board of county commissioners may permit the consumption, but not the sale, of any alcoholic beverage on property owned by the public or by a nonprofit corporation within the county, but outside the limits of any municipality. The governing body of a municipality may permit the consumption, but not the sale, of any alcoholic beverage on the property owned by the public or by a nonprofit corporation within the municipality. The permit period may not exceed twenty-four hours, and hours of authorized consumption may not exceed those permitted for on-sale licensees.
It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer.

Source: SL 1973, ch 234; SL 1977, ch 190, § 122; SL 1984, ch 246; SL 2008, ch 37, § 134; SL 2010, ch 180, § 3.