Ordinance 22


Establishing Regulation for the retail sale of malt beverages in containers having a liquid capacity of greater than two gallons.

Be it ordained and enacted by the Board of Commissioners of the County of Pennington, State of South Dakota, as follows:

Section I

Purpose and Intent

Authorized by SDCL 7-8-20(8) this Ordinance is enacted for the purpose of preventing the consumption of under the age of 21 years.

Section II


This Ordinance shall apply to all retail sales of malt beverages in containers having a liquid capacity of greater than two gallons.

Section III


  1. A retail licensee settling malt beverages in a container having a liquid capacity greater than two gallons shall place a distinctive symbol, notation or mark on the container which uniquely identifies such licensee and moreover, shall mark such container in such a manner, a d maintain such business records such that the licensee can establish the following information with respect the licensee's most recent sale involving the container within the last six months, to-wit: the date of the sale and the name, address, driver's license and social security number of the person to whom it was sold.
  2. Each retail licensee shall register his unique identification symbol, notation or mark with the Pennington County Sheriff and shall provide any duly authorized officer or representative of any City, County or State agency responsible for enforcing this ordinance or in enforcing South Dakota Codified Laws pertaining to consumption of alcohol by persons under the age of 21 years with such of the information gathered pursuant to subsection (a) as from time to time may be required.
  3. This section shall not apply to the sale of containers by a the contents of retail licensee if he intends the container will be consumed and requires that on the licensed premises where the sale occurs.

Section IV


Any person who shall violate any of the provisions of this Ordinance shall be guilty of a Class II Misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment of not more than thirty (30) days or both.


First Reading: 8-7-90        
Second Reading: 8-21-90     
Adopted: 8-21-90     
Published: 9-6-90      
Effective Date: 9-27-90     

Cheryl Kandaras, Chairman, Pennington County Commission

Attest: Christine Black, Deputy Pennington County Auditor