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Sioux Falls officials defend boozy cupcake business

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

The Argus Leader reports that 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.

State law protecting against "adulterated" foods says a confectionary is adulterated if made with "any vinous, malt, or spirituous liquor or compound or narcotic drug."

Councilwoman Christine Erickson says it's concerning because Sioux Falls is a community that encourages entrepreneurial businesses. She says she's contacted lawmakers to see if anything can be done by the end of the legislative session.

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