93
rd Legislative Session _ 2018
Committee: House Commerce and Energy
Wednesday, February 21, 2018
P - Present
E - Excused
A - Absent
Roll Call
P Beal
P Gosch
P Greenfield (Lana)
P Hawley
P Johnson
P May
P McCleerey
P Mills
P Pischke
P Steinhauer
P Willadsen
P Zikmund, Vice-Chair
P Rounds, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Rounds, Chair.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 14, 2018
Moved by: Willadsen
Second by: McCleerey
Action: Prevailed by voice vote.
HB 1200: revise certain on-sale full-service restaurant alcoholic beverage license provisions
and to authorize municipalities and counties to lease on-sale full-service restaurant alcoholic
beverage licenses.
Presented by: Representative Steinhauer
Proponents: Will Mortenson, SD Municipal League
Lynn Kendall, Rapid City Area Chamber of Commerce
Representative Mickelson
Opponents: Matt Krogman, SD Licensed Beverage Dealers and Gaming Association
MOTION: DO PASS HB 1200
Moved by: Gosch
Action: Died for lack of a second.
MOTION: AMEND HB 1200
1200wc
On page 1, line 9, of the printed bill, after "additional" insert "or lease".
On page 1, line 12, after "issued" insert "or leased".
On page 1, line 14, after "issued" insert "or leased".
On page 1, line 15, after "issued" insert "or leased".
On page 2, line 2, after "issued" insert "or leased".
On page 2, line 6, remove the overstrikes from "at least".
On page 2, line 8, remove the overstrikes from "at least".
On page 2, line 16, delete everything after "fee." .
On page 2, delete lines 17 and 18.
On page 3, line 10, delete "ten" and insert "seven".
On page 4, delete lines 5 to 24, inclusive, and insert:
" Section 5. That § 35-4-120 be repealed.
35-4-120. Upon the adoption of an ordinance pursuant to § 35-4-111, any person who purchased
an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) between January 1, 2003, and
January 1, 2008, and who owned the license on January 1, 2008, shall report to the municipality or
county that issued the license the amount paid for the license. If the municipality or county that
issued the on-sale license adopts an ordinance pursuant to § 35-4-111, and requests from any other
licensee the amount originally paid for any other on-sale license pursuant to § 35-4-117, the licensee
shall report that amount to the municipality or county. The declared purchase price shall be made
under oath and shall include the documents establishing the amount paid for the on-sale license. If
the transaction included other personal property or real property, the full market value of such
property on the date of the transaction shall be deducted from the total purchase price to establish
the amount paid for the license. The person who owned the license on January 1, 2008, has the
burden of establishing the amount paid for the license. If the amount reported is used to determine
current fair market value pursuant to § 35-4-117, any licensee who contends that the amount does
not accurately reflect the fair market value of the license on the date of purchase may file an
objection to the report. The objection shall be filed with the municipality or county within thirty days
of the date the license fee is set pursuant to § 35-4-116. If an objection is filed, the governing board
of the municipality or county shall conduct a hearing to determine the fair market value of the
license. The determination of the governing board may be appealed to circuit court. ".
Moved by: Willadsen
Second by: McCleerey
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1200 AS AMENDED
Moved by: Gosch
Second by: Pischke
Action: Prevailed by roll call vote. (7-5-1-0)
Voting Yes: Gosch, Johnson, McCleerey, Pischke, Steinhauer, Willadsen, Zikmund
Voting No: Beal, Greenfield (Lana), Hawley, Mills, Rounds
Excused: May
HB 1067: revise certain provisions regarding the licensing of wineries and wine
manufacturers.
Presented by: Jason Evans, Department of Revenue
Proponents: Mike Gould,Vin Winery, Rapid City
Eldon Nygaard, Valiant Winery, Vermillion
Roger Tellinghuisen, Fire House Wine Cellars (Handout(s): #2)
Opponents: Jim Schade, Schade Winery, Volga, Self (Handout(s): #1)
Dave Howard, Dakota Falls Winery, Brandon
Don South, Strawberry Winery, Renner, self
Matthew Jackson, Belle Joli, Sturgis, Self
Matt Keck, Prairie Berry Winery, self
Sandi Vojta, self, Hill City
Greg Stach, Vineyard, Yankton
Muriel Stach, Vineyard, Yankton
MOTION: AMEND HB 1067
1067fb
On page 1 of the printed bill, delete line 5, and insert "For the purposes of this Act, the term,
farm winery, means".
On page 1, line 6, delete "(1) "Farm winery,"".
On page 1, line 10, delete ";" and insert ".".
On page 1, delete lines 11 and 12.
On page 1, delete lines 14 and 15, and insert:
"
The fee for a farm winery license is five hundred dollars.".
On page 2, delete line 1.
On page 2, line 10, delete "or on a wine manufacturer".
On page 2, line 16, delete "a period of one year" and insert "the period covered by the license".
On page 3, delete lines 15 to 19, inclusive.
Moved by: Willadsen
Second by: Greenfield (Lana)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1067 AS AMENDED
Moved by: Willadsen
Second by: Steinhauer
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Beal, Gosch, Greenfield (Lana), Hawley, May, McCleerey, Mills, Steinhauer,
Willadsen, Zikmund, Rounds
Voting No: Johnson, Pischke
Passed gavel to Representative Willadsen
HB 1313: revise certain provisions regarding the licensing of distillers and cider
manufacturers.
Presented by: Representative Rounds
Proponents: Jason Evans, Department of Revenue
MOTION: AMEND HB 1313
1313wa
On page 8, line 10, of the printed bill, delete "or retailer".
Moved by: Beal
Second by: Gosch
Action: Prevailed by voice vote.
MOTION: AMEND THE PENDING AMENDMENT
1313wb
On page 2, line 19, of the printed bill, delete everything after "year" .
On page 2, line 20, delete everything before "." .
Moved by: Greenfield (Lana)
Second by: Gosch
Action: Prevailed by voice vote.
MOTION: AMEND THE PENDING AMENDMENT
1313fa
On page 2, line 19, of the printed bill, delete "a period of one year" and insert "the period
covered by the license".
Moved by: Beal
Second by: Gosch
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1313 AS AMENDED
Moved by: Beal
Second by: Greenfield (Lana)
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Beal, Gosch, Greenfield (Lana), Hawley, Johnson, May, McCleerey, Mills, Pischke,
Willadsen, Zikmund, Rounds
Excused: Steinhauer
MOTION: ADJOURN
Moved by: Beal
Second by: Pischke
Action: Prevailed by voice vote.
Nancy Hanson
____________________________
Committee Secretary
Tim Rounds, Chair
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