State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

159T0288   SENATE BILL   NO.  62  

Introduced by:    Senators Gray, Lederman, Maher, Nelson (Tom), Nygaard, and Rave and Representatives Solum, Greenfield, Hawley, and Rozum
 

        FOR AN ACT ENTITLED, An Act to allow certain alcoholic beverage licensees to charge a corkage fee for serving wine supplied by customers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 35-1 be amended by adding thereto a NEW SECTION to read as follows:
    Notwithstanding the provisions of § 35-1-5.6, an on-sale licensee may permit a customer to bring a 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 the original or a similar type of cork is reinserted in the bottle by the licensee, and the cork can only be removed by a corkscrew or other similar device, or the bottle is sealed by the licensee in such a way that the bottle cannot be opened without breaking the seal. A bottle of wine that is corked or sealed as provided in this section is not a violation of the provisions of § 35-1-9.1 if the cork or the seal has not been disturbed.

180 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.063 per page.   		.
   		Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.