Brewery Licenses

Brewery Licenses and Permits Needed in South Dakota

Jim McCormickAuthor

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Opening a Brewery Checklist

So many things go into opening a brewery. With this free PDF checklist, you'll set your new business up for success.

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The brewery industry quickly gained momentum when craft beer was popularized in the early 2000’s. Since then, it’s continued to grow steadily with nearly 9,000 breweries in operation in the U.S. (that’s up from just 1,400 in 2006). Brewery-hopping and craft beer trading have become hobbies, attracting crowds of beer connoisseurs to breweries around the world to try exclusive batches. 

As long as they keep making beer, people will continue flocking to breweries to share a drink with their friends and family. For budding brewmasters, that means it’s always a good time to begin laying groundwork towards opening your own brewery. Here’s how much it costs to make your brewery dreams come true, along with the business planning tips you’ll need to attract a thirsty crowd.

When you’re opening a brewery business, you’re going to need to get your licenses and permits in order before opening.

A business license, a food facility health permit, a certificate of occupancy — they all have varying (and sometimes overlapping) requirements, so it’s important to know exactly what you need to get to legally open a restaurant in your particular city or county in South Dakota. 

As soon as you’ve secured funding with your thorough business plan, one of the next steps to get going on is your licenses and permits. Many of them can take weeks, if not months (or even longer), so getting started as early as possible can help prevent bumps in the road to opening your doors. 

We’ll get into some of the most common licenses and permits needed in South Dakota, what they are and why you need them, how to get them, and how much they cost.

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Opening a Brewery Checklist

So many things go into opening a brewery. With this free PDF checklist, you'll set your new business up for success.

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How to Open a Brewery Business in South Dakota

To ensure that the process of opening your brewery is an efficient as possible we recommend you follow this sequence of steps.

  1. Create your brewery business plan
  2. Find your brewery location
  3. Determine your brewery menu
  4. Order your brewery equipment
  5. Determine your suppliers, cost structure and pricing
  6. Obtain all necessary licenses and permits to operate your brewery, in local compliance
  7. Select your restaurant technology options, point of sale in particular

For the last step, every brewery license and permit is unique and has its own application process. And each one takes varying amounts of time to secure, so in the process of opening your brewery you’ll want to leave plenty of time to get the proper licenses and permits in place. 

To simplify the licensing process we have created this guide to cover all the brewery licenses and permits you’ll need in South Dakota.

Licenses and Permits Required to Open a Brewery in South Dakota

  1. Business License 
  2. Certificate of Occupancy 
  3. Food Handler’s License, also known as Food Service License 
  4. Seller’s Permit 
  5. Liquor License Permit

1. Business License in South Dakota

What is it and why do you need it?

A business license is one of the first licenses you’ll need as you start laying the groundwork of your business. Also known as a business tax certificate, it helps your business stay compliant at tax season.

How to get a business license in South Dakota

In South Dakota, business licenses are controlled by the city or county you live in. If you operate a restaurant with multiple locations across cities and counties, it’s important to get a business license for each business in different jurisdictions. To get a business license in South Dakota, you’ll need:

  1. An EIN
  2. To choose what classification of business you’ll be (LLC? Sole proprietorship? Partnership?)
  3. A business name
  4. An address and phone number,
  5. A thorough restaurant business plan
  6. A COI for your business insurance policy

How much does a business license cost in South Dakota?

South Dakota business license costs vary depending the county, type and scope of the business. Business licenses in South Dakota need to be renewed and paid for regularly, so check with your jurisdiction about how often yours will need to be renewed.

License Name

Cost

Link

Business License

Varies depending on county

South Dakota Department of Labor & Regulation

2. Certificate of Occupancy in South Dakota

What is it and why do you need it?

A certificate of occupancy is a document that shows your space is zoned for your type of business, as well as up to code, safe to use, and up to date on its checks and inspections. Not every county will require them for new businesses, and even then, only certain situations require them, including if you’re doing major building work or changing the use of a space from residential to business.

Always get in touch with your local jurisdiction to determine if your project warrants a CoO.

How to get a certificate of occupancy license?

The forms are online, but in order to get the certificate, your business location will need to go through fire inspections, plumbing inspections, electrical inspections, and building inspections. Check your local city or county’s building and safety department.

How much does a certificate of occupancy cost?

Different counties will charge different amounts, and they will also vary by type of business. Fee will vary depending on county.


License Name

Cost

Link

Certificate of Occupancy

Fees will vary depending on county

Check your local city or county’s small business department

3. Food Handler’s License in South Dakota

What is it and why do you need it?

A food service license, also known as an employee health permit, allows restaurants, vendors, or any other type of food business to safely sell and serve food onsite. These licenses ensure that every employee knows how to do their part to keep your diners safe from foodborne illness. They’re often referred to as ServSafe, after the company that administers most food handler’s tests, or as a South Dakota Food Handler Card.

How to get a food handler’s license in South Dakota

Every employee who prepares or serves food in South Dakota must get their Food Handler’s license within 30 days of being hired — chefs, cooks, servers, baristas, and bartenders, to name a few. Bussers and general managers may not be required to do so. 

And if managers have already gotten their Food Protection Manager Certification, they’re also exempt from getting a South Dakota Food Handler card. Some jurisdictions have their own food safety training programs and standards, so they’re exempt from requiring employees to get a South Dakota Food Handler card.

To get their food handler’s card, employees must pass a test about food safety and preparation with a grade of at least 70% (or higher in some jurisdictions).

How much does a food service license cost in South Dakota?

South Dakota state law requires that the test and license not cost more than $15, in order to make sure anyone working in a restaurant can afford to get certified.


License Name

Cost

Link

Food Handler's License

Up to $15 per employee

South Dakota Food Handler Training

4. Food Seller’s Permit in South Dakota

What is it and why do you need it?

Any business that plans to sell tangible goods that are subject to sales tax needs a seller’s permit. This permit allows them to charge sales tax.

How to get a seller’s permit?

You can register for a permit online through the SBA License and Permits portal.

How much does a food seller’s license cost?

There’s no fee to apply for a seller’s permit, but you may be asked to pay a security deposit to cover unpaid taxes if the business eventually closes.


License Name

Cost

Link

Seller's Permit

$0 (but a security deposit may be requested

SBA Licenses and Permits

5. Liquor License in South Dakota

What is it and why do you need it?

This license is required for any type of business to sell and serve alcohol to its patrons. Since alcohol has an incredibly high markup and a long shelf life, it’s often beneficial from a profit standpoint to sell alcohol.

How to get a liquor license in South Dakota

In South Dakota, liquor licenses are issued by the state. You must have a seller’s permit already to be able to apply for a liquor license. 

After you’ve applied for a liquor license, you must post a public notice of application on your business’s premises for 30 days. Some cases require the applicant to notify their neighbors or post a notice in the newspaper. They will also need to show that their business is correctly zoned for an alcohol-selling business. 

The department does an investigation into the future business and the applicant to see if they qualify. It takes between 30 and 90 days to process a liquor license application, depending on what kind of application it is, so be sure to build this time frame into your countdown to opening. Licenses are renewed on a yearly basis, so you must pay the renewal fee on time or your license will expire until the fee is paid. 

How much does a liquor license cost in South Dakota?

A liquor license in South Dakota can cost from $100 - $250. See the full fees associated with different types of liquor licenses in South Dakota here.


License Name

Cost

Link

Liquor License

$100 - $250

South Dakota Department of Revenue

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Timeline for Opening a Brewery: Next Steps

Opening a brewery requires dozens of steps, overlapping requirements, and plenty of paperwork. Writing up a solid brewery business plan and securing funding for your brwery are some of the first things you’ll need to do so that you can afford all the building blocks of your business, including your licenses and permits. 

Getting your licenses and permits in order as early as possible — at least three months before you plan to open, ideally starting the process six months before you open, can help you avoid any bumps in the road. 

While you’re waiting on licenses and permits to come through, you can continue going through the process of setting up your brewery for success. Plan your staffing needs and, near the end of your permitting process, start reaching out to your community and interviewing candidates. 

Work on your renovations (once your certificate of occupancy has come through), and bring your interior design and decor dreams to life. Test your menu over and over again until it’s perfect, and work on your inventory and pricing strategies. 

As you approach opening day, you can also start to peruse your restaurant technology options and find what combination of products and systems make sense to help you set your operation up for success from day one. A modern point of sale platform with online ordering, team management, and inventory capabilities can help save you time and money as you grow your business.  

Download your free brewery business plan template today. With a solid business plan, the necessary permits and licenses, and the right amount of liquor, you’ll be ready to seize the day and get your brewery ready to go. 

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