87^th Legislative Session _ 2012

Committee: Senate Commerce and Energy

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Adelstein
P    Buhl
P    Johnston
P    Lederman
P    Rave
P    Nygaard, Vice-Chair
P    Nelson (Tom), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by chair, Senator Tom Nelson.

MOTION:    TO APPROVE THE MINUTES OF THURSDAY, JANUARY 19^TH

Moved by:    Nygaard
Second by:    Rave
Action:    Prevailed by voice vote.

        SB 62: allow certain alcoholic beverage licensees to charge a corkage fee for serving wine supplied by customers.

Presented by:    Senator Bob Gray
Proponents:    Senator Phyllis Heinemann
        Shawn Lyons, SD Retailers Association
        Mark and Stacey Mancuso, self, Pierre

Bob Miller, Bank West answered a question of the committee.

MOTION:    AMEND SB 62

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62fb

    On page 1 of the printed bill, delete lines 6 to 15, inclusive, and insert:

"

    Notwithstanding the provisions of § 35-1-5.6, a licensee that is licensed to sell wine on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed premises for consumption by the customer while eating a meal that was prepared by the licensee and that was served at a table on the licensed premises. The licensee may charge a corkage fee for serving wine supplied by a customer. The customer may carry out the unconsumed portion of the bottle of wine if it is securely resealed by the licensee with a cork or other similar cap and placed in a sealed bag or other container. The licensee shall also attach the receipt for the meal and any corkage fee to the bag or container. A bottle of wine that is recorked and sealed as provided in this section is not a violation of the provisions of § 35-1-9.1 if the cork and the seal have not been disturbed.

    Section 2. That chapter 35-1 be amended by adding thereto a NEW SECTION to read as follows:

    A licensee that is licensed to sell wine on-sale may permit a customer to carry out the unconsumed portion of a bottle of wine if the customer purchased the bottle of wine from the licensee and consumed a portion of it with a meal that was prepared and served by the licensee at a table on the licensed premises. The licensee shall securely reseal the bottle of wine with a cork or other similar cap and place the bottle in a sealed bag or other container. The licensee shall also attach a receipt for the meal and the wine to the bag or container. A bottle of wine that is recorked and sealed as provided in this section is not a violation of the provisions of § 35-1-9.1 if the cork and the seal have not been disturbed.".

Moved by:    Rave
Second by:    Nygaard
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 62 AS AMENDED

Moved by:    Adelstein
Second by:    Buhl
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Adelstein, Buhl, Johnston, Lederman, Rave, Nelson (Tom)

Excused:    Nygaard

MOTION:    PLACE SB 62 ON CONSENT CALENDAR

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Moved by:    Adelstein
Action:    Died for lack of a second.

MOTION:    ADJOURN

Moved by:    Rave
Second by:    Lederman
Action:    Prevailed by voice vote.

Lois Henry

Committee Secretary

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