South Dakota Administrative Code

Rule 64:75:04:07 Repealed. 64:75:04:07. Charging off of bad debts.Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:04:08 Repealed. 64:75:04:08. Discounts forbidden.Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:04:09 Commercial bribery. 64:75:04:09. Commercial bribery. Except as otherwise provided, no industry member may induce or seek to induce any retailer to purchase alcoholic beverages by offering or giving to the retailer, or to any officer, employee, or representative o…

Rule 64:75:04:10 Alcoholic beverages as samples -- Consumer advertising specialties. 64:75:04:10. Alcoholic beverages as samples -- Consumer advertising specialties. It is not a violation of § 64:75:04:09 for a wholesaler to furnish the following to a retailer: (1) A sample of no…

Rule 64:75:04:11 Repealed. 64:75:04:11. Samples -- Records and reports required. Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

Rule 64:75:04:12 Sale and delivery in entirety. 64:75:04:12. Sale and delivery in entirety. An order for any alcoholic beverage, taken by a wholesaler from a retailer, must be a single transaction in its entirety, with delivery as part of the consummated transaction. If an order …

Rule 64:75:04:13 Advertising. 64:75:04:13. Advertising. An industry member may not pay or credit retailers for displaying materials or for any expense incidental to its operation. The value of advertising materials and any accessories to the advertising materials shall be compute…

Rule 64:75:04:14 Industry relations. 64:75:04:14. Industry relations. The offering of a bonus, premium, gift, compensation, or concession of financial value, whether in money or otherwise, to induce the purchase of an alcoholic beverage is prohibited, except as specifically autho…

Rule 64:75:04:14.01 Retail consumer rebate programs. 64:75:04:14.01. Retail consumer rebate programs. Notwithstanding the provisions of § 64:75:04:14, manufacturers may offer rebates to retail consumers. The rebate terms shall provide for consumer redemption of the rebate between…

Rule 64:75:04:14.02 Retail loyalty and reward programs. 64:75:04:14.02. Retail loyalty and reward programs. Retailers may offer loyalty and reward programs to retail consumers. These programs are not permitted for manufacturers or wholesalers of alcoholic beverages. All costs and…

Rule 64:75:04:15 Repealed. 64:75:04:15. Shelf pricing.Repealed. Source: SL 1975, ch 16, § 1; repealed, 4 SDR 35, effective December 22, 1977.

Rule 64:75:04:16 Repealed. 64:75:04:16. Trade names.Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; repealed, 7 SDR 75, effective February 8, 1981.

Rule 64:75:04:17 Miscellaneous disposition of alcoholic beverages. 64:75:04:17. Miscellaneous disposition of alcoholic beverages. Except for stock withdrawals by officers of wholesale licensees for their personal use and consumption and samples of pints of alcoholic beverages not…

Rule 64:75:04:18 New placement items -- Special marking required. 64:75:04:18. New placement items -- Special marking required. A wholesaler may furnish or give any sample of alcoholic beverages pursuant to subdivision 64:75:04:10(1) to a retail licensee if the sample has stamped…

Rule 64:75:04:19 Prohibited without special marking. 64:75:04:19. Prohibited without special marking. No industry member may possess at any time any alcoholic beverage to be used as samples on which the alcohol excise tax has not been paid, unless the notation stated in § 64:75:0…

Rule 64:75:04:20 Invoicing of samples. 64:75:04:20. Invoicing of samples. Invoices covering merchandise used for samples shall bear the notation. "Samples--Not for sale." Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 19…

Rule 64:75:04:21 Authorized bottle and container sizes. 64:75:04:21. Authorized bottle and container sizes. Any manufacturer or wholesaler licensee may offer alcoholic beverages for sale to any licensee in any size bottle or container that is offered by an industry member. Source…

Rule 64:75:04:22 Repealed. 64:75:04:22. Broken lot cases prohibited.Repealed. Source: 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:04:23 Drop shipment to retailers. 64:75:04:23. Drop shipment to retailers. Wholesalers may make drop shipments invoiced to a licensed retailer at the location of another licensed retailer under the following provisions: (1) The licensed retailers and wholesaler concern…

Rule 64:75:04:24 Group wine tasting. 64:75:04:24. Group wine tasting. The offering of wine by a licensed wholesaler to consumers and alcoholic beverage licensees is permitted if the offering complies with the following requirements: (1) The tasting is held in a public place open …

Rule 64:75:04:25 Claim of loss by wholesalers. 64:75:04:25. Claim of loss by wholesalers. Any wholesaler who sustains a loss of stock due to breakage, spoilage, or any other cause which would render the wholesaler's stock unfit for resale and on which any alcohol taxes were paid …

Rule 64:75:04:26 Exchange of products. 64:75:04:26. Exchange of products. Licensed wholesalers may exchange for fresher products stale or outdated products or products in damaged or deteriorated containers previously sold to a retail licensee. The exchange may be based only on a …

Rule 64:75:05:01 Repealed. 64:75:05:01. Occupational tax rates.Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:05:02 Repealed. 64:75:05:02. Computation of occupational taxes.Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:05:03 Repealed. 64:75:05:03. Tax on fraction of gallon.Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:05:04 Wholesaler's joint purchasing. 64:75:05:04. Wholesaler's joint purchasing. If two or more wholesale licensees, who purchase or import alcoholic beverages of any class on a joint purchase venture, and the purchase is consigned to and received by a specific wholesa…

Rule 64:75:05:05 In-state purchases by wholesaler. 64:75:05:05. In-state purchases by wholesaler. A wholesale licensee who purchases any class of alcoholic beverage from another in-state licensed wholesaler, whether the purchase constitutes a joint purchase venture, shall reimbur…

Rule 64:75:05:06 Repealed. 64:75:05:06. Monthly alcoholic beverage tax report.Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:05:07 Repealed. 64:75:05:07. Home production of wines.Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:05:08 Purchase price defined. 64:75:05:08. Purchase price defined. For the purposes of the tax imposed by SDCL 35-5-6.1, purchase price means the total price, valued in money, paid or to be paid for alcoholic beverages F.O.B. point of origin. Freight charges paid by th…

Rule 64:75:05:09 Computation of volume for alcohol excise tax. 64:75:05:09. Computation of volume for alcohol excise tax. For purposes of the alcohol excise tax, the computation of volume shall be rounded to the nearest hundredth decimal place. Source: 45 SDR 83, effective Decemb…

Rule 64:75:06:01 Repealed. 64:75:06:01. Labels to show content of alcohol.Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 5 SDR 60, effective January 25, 1979; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 19 SDR 42, effective September 2…

Rule 64:75:06:02 Repealed. 64:75:06:02. Classification of malt beverage sales.Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, …

Rule 64:75:06:03 Repealed. 64:75:06:03. Keg and barrel labels.Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 5 SDR 60, effective January 25, 1979; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 2…

Rule 64:75:06:04 Repealed. 64:75:06:04. Claim of loss by malt beverage wholesalers. Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 201…

Rule 64:75:06:05 Repealed. 64:75:06:05. Disposal of unsaleable stock. Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

Rule 64:75:06:06 Repealed. 64:75:06:06. Authorized barrel sizes. Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

Rule 64:75:06:07 Repealed. 64:75:06:07. Price advertising of low-point beer.Repealed. Source: 3 SDR 37, effective November 17, 1976; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:06:08 Repealed. 64:75:06:08. Exchange of malt beverage products. Repealed. Source: 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 45 SDR 83, effective December 18, 2018.

Rule 64:75:07:01 Repealed. 64:75:07:01. Computation of occupational taxes. Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

Rule 64:75:07:02 Repealed. 64:75:07:02. Monthly malt beverage tax report.Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:08:01 Repealed. 64:75:08:01. Sale for cash. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 19 SDR 42, effective September 29, 1992; 21 SDR 219, effective Ju…

Rule 64:75:08:02 Repealed. 64:75:08:02. Gifts or loans to retailers prohibited -- Interest in retail business prohibited -- Exceptions. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective J…

Rule 64:75:08:03 Repealed. 64:75:08:03. Advertising. Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 7 SDR 75, effective February 8, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July …

Rule 64:75:08:04 Repealed. 64:75:08:04. Retailer participation in violation. Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

Rule 64:75:08:05 Repealed. 64:75:08:05. Sale of consumer advertising specialties to retailer. Repealed. Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective Decemb…

Rule 64:75:08:06 Repealed. 64:75:08:06. Payment by check.Repealed. Source: 2 SDR 2, effective July 17, 1975; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Rule 64:75:08:07 Repealed. 64:75:08:07. Insufficient funds check. Repealed. Source: 2 SDR 2, effective July 17, 1975; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

Rule 64:75:08:08 Repealed. 64:75:08:08. Retail delinquency. Repealed. Source: 2 SDR 2, effective July 17, 1975; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

Rule 64:75:08:09 Repealed. 64:75:08:09. Financial assistance to licensee. Repealed. Source: 2 SDR 2, effective July 17, 1975; 3 SDR 37, effective November 17, 1976; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1…