34-46-19. Smoking permitted in certain retail tobacco stores.The provisions of §§34-46-13 to 34-46-15, inclusive, do not apply to any retail tobacco store that meets the following requirements:(1)Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products;(2)Is enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors; and(3)Does not allow the consumption of alcoholic beverages on the premises.Any retail tobacco store meeting the requirements of this section shall annually report to the Department of Revenue, on a form prescribed by the department, the revenue generated from the sale of tobacco, tobacco products, and accessories for such products as a percentage of annual gross income. Source: SL 2009, ch 171, §7, approved eff. Nov. 10, 2010; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
South Dakota Legal Code