State educational institutions--License to operate on campus prohibited--Exceptions.

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35-2-6.1. State educational institutions--License to operate on campus prohibited--Exceptions.

No on-sale or off-sale license may be granted under this title to operate on the campus of any state educational institution. However, if the outside boundary of any state educational institution is extended this section does not apply to any license granted previous to the extension. This section does not apply to the school for the deaf established by chapter 13-62. For the purpose of this section, the term, campus, means only the area immediately surrounding the buildings used for classrooms, administrative offices, and housing.

Notwithstanding the provisions of this section:

(1)An alcoholic beverage license may be issued pursuant to subdivisions 35-4-2(12) and (16) for the sole purpose of permitting the licensee to engage in the periodic retail sale of malt beverages or wine for consumption on-site at a location and time, authorized by the Board of Regents, that involves the performing arts, intercollegiate athletics, fund raising, a reception, a conference, or an occasional or scheduled event at a facility used for performing arts, intercollegiate athletics, events, or receptions; and

(2)A special events license may be issued pursuant to §§35-4-124, 35-4-124.1, and 35-4-125 for a special event authorized by the Board of Regents that involves the performing arts, intercollegiate athletics, fund raising, a reception, a conference, or an occasional or scheduled event.

Source: SDC 1939, §§5.0204 (7), 5.0303 (7); SL 1951, ch 10; SDCL §§35-4-17, 35-6-12; SL 1971, ch 211, §24; SL 1974, ch 246, §1; SL 1979, ch 245; SL 1980, ch 252; SL 1984, ch 247; SL 2016, ch 187, §1; SL 2018, ch 213, §21.


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