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GLAD YOU ASKED: Sidewalk wine sales

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news Mitchell, 57301
Mitchell South Dakota 120 South Lawler 57301

Q. With the newly passed law allowing sidewalk wine service, will bars be able to serve wine on the sidewalks? If the Corn Palace gets the wine license it's seeking to be able to sell Corn Palace-labeled wine, will it be able to serve wine on the sidewalk?


No. State law, specifically SDCL 35-4-77.1, allows city governments to permit the sale of alcoholic beverages -- in Mitchell's case, wine -- on sidewalks adjacent to licensed businesses, but only if those businesses get more than half of their gross receipts from the sale of prepared food.

According to Corn Palace Director Mark Schilling, the Corn Palace is seeking a retail on-off wine license so bottles of Corn Palace-labeled wine can be sold at the facility's gift shop. The on-sale portion of the license, which would allow guests to drink wine inside the Corn Palace, would only be used on special occasions.

"It's not something we're looking at having available on a daily basis," he said.

Schilling said the Corn Palace does not intend to serve wine on its sidewalks even on those occasions when it's served inside.

The Mitchell City Council tabled the Corn Palace's application for a wine license at its last meeting and will likely review it at its next regular meeting June 17.

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