STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

March 24, 1971

Roland E. Grosshans
States Attorney, Fall River County
Hot Springs, South Dakota 57747

OFFICIAL OPINION NO. 71-11

Class "N" liquor license fees

Dear Mr. Grosshans:

You have requested my official opinion as to the following situation:

Under SDCL 35-4-2(14) it is provided that the fees for Class N licenses shall be the same as to the on-sale license fees which is paid, or would be required to be paid, in the nearest municipality. If the nearest municipality is one of the second class, does this provision refer to the fee charged for a Class M-E on-sale dealer which in 1968 was reduced to $300.00, or to the fee charged for a class E on-sale dealer, which is $750.00.

Concerning this fact situation, you have inquired whether or not the fee for an "N" liquor license would be $750 or $300.

As you point out, SDCL 35-4-2(14) says that the fee shall be the same as the on-sale fee which is paid, or would be required to be paid, in the nearest municipality. The answer to your question then turns on the type of license which is in the nearest municipality. If that is an M-E license under SDCL 35-4-2(13) the fee would be $300 and if it is a straight on-sale Class E license, the fee would be $750. If the nearest municipality has no on-sale license, the fee should be that which would be charged for a Class E license.

Respectfully submitted,

Gordon Mydland
Attorney General