South Dakota · SD · Food & drink
South Dakota: Are happy hour drink specials legal?
Allowed
South Dakota has no state rule limiting happy hour drink specials; the only floor is a ban on selling below wholesale cost.
South Dakota's alcohol law has no happy hour rule as such. A 2019 law lets retailers offer quantity or cash discounts to customers, but every discount must respect the ban on selling below wholesale cost. 'Retailer' covers bars and restaurants with on-sale licenses as well as stores. Cities and counties issue on-sale licenses and may add local rules.
Conditions
- Drinks may not be priced below the retailer's wholesale cost
What the law says
No alcoholic beverage may be sold below the wholesale cost of the alcoholic beverage, unless the sale constitutes the termination of the sale of the alcoholic beverage on the licensed premises.
Sources
- SDCL 35-4-129 Official · sdlegislature.gov
- SDCL 35-4-130 Official · sdlegislature.gov
- SDCL 35-1-1 (definitions of retailer and on-sale) Official · sdlegislature.gov
Confirm with the state
- Agency
- South Dakota Department of Revenue, Special Taxes and Licensing
- Phone
- (605) 773-3311
- Website
- dor.sd.gov
How bordering states compare
- Iowa AllowedIowa's alcohol law has no rule against happy hour drink discounts.
- Minnesota AllowedMinnesota has no state law limiting happy hour drink prices at bars and restaurants.
- Montana AllowedMontana has no law aimed at happy hours, though licensees can't resell liquor below the state's posted price.
- Nebraska Allowed with limitsNebraska allows reduced drink prices but bans unlimited drinks for a set price and two-or-more-drinks-for-one-price deals.
- North Dakota AllowedNorth Dakota has no state law limiting happy hour drink prices; cities and counties may set their own rules.
- Wyoming AllowedWyoming state law has no rule limiting happy hours or drink specials; retailers set their own prices.
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