Section 35-4-107 - Resort facility on-sale license--Resort facility defined--Terms of license--Application. - South Dakota Statutes

35-4-107. Resort facility on-sale license--Resort facility defined--Terms of license--Application. Notwithstanding the provisions of § 35-4-11.1, each county may issue three resort facility on-sale licenses. For the purposes of this section, a resort facility is a facility located in a county with a population of less than two thousand persons at the time the license is initially issued and, in a bona fide manner, is used and kept open for hosting guests for compensation which has at least thirty rooms that are suitable for lodging and which has facilities for the preparation and serving of food for consumption on the premises. The resort facility license may be issued only if the licensee derives less than thirty-three percent of the licensee's gross receipts from the sale of alcoholic beverages on the premises where the license is held. For the purposes of this section, the term premises means one contiguous piece of real property on which sales are generated by the licensee. This section applies to any resort facility constructed after July 1, 1997.

Source: SL 1997, ch 213, § 1; SL 2001, ch 196, § 1.