Mitchell Sunday liquor law among confusing web of alcohol statutes

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Figuring out South Dakota’s many laws and classifications on alcohol sales can be extremely confusing.

And that’s according to one of the people in charge of them.

“There’s all kinds of licenses,” said Matt Fonder, the deputy director of the Property and Special Tax Division of the Department of Revenue, which oversees alcohol laws in the state.

“There are 20 different types of licenses available,” Fonder said — and there may be more than that. He said a few old hands at the Department of Revenue try to keep things straight, but it can be a challenge.

Mitchell voters will have a chance to settle a dispute about alcohol sales in the city when they vote Tuesday whether or not to allow the offsale of liquor on Sundays. The City Council approved such sales in June 2009, but it was referred to a public vote.

In 1989, the state allowed cities and counties to decide for themselves if they would allow the Sunday sale of booze by the bottle to-go. All liquor stores are located in municipalities, Fonder said, but counties could pass a law allowing Sunday off-sale in all towns and cities within its boundaries, he said. But in most cases, towns and cities make that decision.

Currently in Mitchell, people can buy beer to-go in numerous places on Sunday and at least one business, Walgreens, sells wine to go on Sundays.

The Sunday wine sales at Walgreens were discussed during a public forum Tuesday in Mitchell on the Sunday offsale ballot referendum. An anonymous audience member submitted a question asking why Walgreens is allowed to sell wine to-go on Sundays.

Walgreens has a retail wine license, which is different from a liquor license and allows both on- and off-sale wine sales on Sunday, according to city officials. Many businesses that have such a license only sell wine to-go, Fonder said, and a Walgreens spokesman said the business has no intention of selling wine by the glass or carafe.

Yet, there are other places in town, such as grocery stores, that have wine displayed alongside liquor and have both locked up on Sundays. In some cases, those stores have both liquor and wine licenses. It’s unclear why they’re not allowed to sell their wine to-go on Sundays.

South Dakota businesses can also have a license that allows the sale of beer and South Dakota-produced wine to-go, Fonder said. And there’s another license that allows the sale of table wine, sparkling wine and ceremonial wine. “It is very confusing,” he said.

Mitchell Deputy Finance Officer Heidi Tegels said several businesses in town have retail wine licenses and can sell it on Sundays.

To make the issue just a bit fuzzier, hard liquor can be sold by the glass or the bottle to-go every day of the year except Christmas and Memorial Day in most cities and towns in the state. The Legislature did make Memorial Day a local option this year, and Mitchell opted to allow liquor sales on that holiday.

Even Councilman Mel Olson, who spoke against Sunday off-sale of liquor in the city before and after joining the council in 2009, voted in favor of allowing alcohol sales on Memorial Day, saying he feels veterans should be allowed to raise a glass to fallen comrades that day.

Wine and beer, both on- and off-sale, can be sold every day of the year, Fonder said.

Some bars, which have liquor licenses that allow them to sell hard liquor, beer and wine, also obtain a beer license so they can be open on Christmas, he said.

The Legislature approved several changes to the hours and days when alcohol can be sold in the state in the last session, Fonder said.

The idea was to promote economic development and also make enforcing the state’s liquor laws easier on law enforcement.

“Because it’s confusing and it always has been confusing,” Fonder said.

Tags: liquor license, sunday off-sale liquor, election 2010, news, local