Contents
Generally, any individual or business that transports passengers for a fee on any means of conveyance (limousine services, airlines, tour buses) is required to obtain a carrier license. These carriers may furnish alcohol to their passengers onboard for consumption, but they must purchase it from a licensed wholesaler or retailer. Additionally, a winery that ships directly to South Dakota consumers must be licensed by the state and comply with age limitations and serving restrictions.
South Dakota laws on alcohol delivery are a bit of a mess. While 35 states allow some form of local alcohol home delivery, what can be delivered and from which types of licensees varies widely. In addition, some states impose markup taxes on DTC (direct-to-consumer) shipments of alcohol that can be passed through to consumers. Finally, restrictions vary based on address accuracy at the county, city, and special district levels. Regardless of the delivery service used, all alcohol must be delivered by an adult who is 21 or older. For wine, the holder of a direct wine shipping license must require the customer to affirmatively state that they are 21 or older before making a sale. This may be done through a physical examination of government-issued identification or through an internet-based age and identification verification service.
How Do South Dakota Alcohol Delivery Laws Work?
In South Dakota, the laws surrounding alcohol delivery are fairly restrictive. Here’s a breakdown of the key points:
- Off-sale and on-sale license holders (liquor stores and restaurants) cannot deliver alcoholic beverages outside their licensed premises unless they obtain an additional off-sale delivery license. This license is specific to the municipality that issued the original license.
Wine Direct Shipment
- There’s an exception for wine. Wineries (both in and outside South Dakota) can directly ship wine to consumers in the state, provided they obtain a South Dakota Direct Wine Shipper License.
- Wineries must comply with regulations like:
- Age verification of the purchaser
- Proper labeling for identifying alcoholic content and requiring adult signatures for delivery
- Collection and remittance of applicable sales and excise taxes
Deliveries from Third-Party Services (like DoorDash)
- Deliveries from third-party services like DoorDash or Instacart are not allowed for alcoholic beverages in South Dakota.
- South Dakota Department of Revenue – Alcohol: https://dor.sd.gov/businesses/taxes/alcohol/
