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SIOUX FALLS, S.D. (AP) — Sioux Falls officials are looking into local food laws after an online business selling alcohol-infused cupcakes closed amid legal uncertainty.

Intoxibakes consulted with regulators before opening to confirm they didn’t need a liquor license to serve boozy sweets, including RumChata and Bourbon Maple Bacon cupcakes. But the business stopped all sales last week after receiving a note from City Hall saying it’s illegal to make cupcakes with alcohol, the Argus Leader reported .

A South Dakota law protecting against “adulterated” foods says a confectionary is adulterated if made with “any vinous, malt, or spirituous liquor or compound or narcotic drug.” Adulterated foods can often contain dangerous substances, such as E. coli, metal shavings or rat poison.

After learning about the business closing, Councilwoman Theresa Stehly posted the story on her Facebook page. She said several residents reached out and asked councilors to investigate.

“I just don’t want any citizen to ever be hurt by government,” Stehly said of Intoxibakes co-owner Holly Boltjes. “And from what it looks like from the outside, she tried to do everything right and she got caught up in a governmental quagmire.”

“For me, it was concerning because we are such an entrepreneurial community, where we want people to go out and start their own businesses,” Councilwoman Christine Erickson said.

She said she’s contacted lawmakers to see if anything can be done by the end of the legislative session. Erickson also said she plans to contact the Department of Revenue, which oversees liquor licensing and handles complaints about alcohol in food.

“If it is the way it is, how can we change it?” Erickson said. “Right now, it’s in the information gathering stage.”


Information from: Argus Leader,