Title 35 — ALCOHOLIC BEVERAGES
20 chapters · 349 sections in this title.
SDCL § 35-13-13 Definitions
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Terms used in this chapter mean: (1) "Artisan distiller," any manufacturer located in this state producing, rectifying, or blending distilled spirits, as defined in § 35-1-1 , in a total quantity not in excess of fifty thousand gallons within a calendar year, where at least thirt…
SDCL § 35-13-14 Classes of licenses
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The classes of licenses, with the fee of each class, are as follows: (1) Artisan distiller--five hundred dollars; and (2) Distiller--two thousand five hundred dollars. Source: SL 2018, ch 223 , § 2.
SDCL § 35-13-15 Exception to licensing requirement
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No agricultural producer, association of agricultural producers, or legal agent who manufactures and converts agricultural surpluses, byproducts, or wastes, into denatured ethyl and industrial alcohol for purposes other than human consumption is required to obtain any license iss…
SDCL § 35-13-16 Application of title
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Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter. Source: SL 2018, ch 223 , § 4.
SDCL § 35-13-17 Excise tax
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There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter, an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5 . Source: SL 2018, ch 223 , § …
SDCL § 35-13-18 Artisan distiller required to use agricultural products grown or produced in state--Exception--Perjury
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Any applicant for a license as an artisan distiller shall verify, under oath, compliance with the requirement to use agricultural products grown or produced in this state. However, if South Dakota agricultural products are not available in sufficient quantities, the applicant may…
SDCL § 35-13-19 Permitted sales by artisan distiller--Limitation
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A licensed artisan distiller may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed artisan distiller may sell alcoholic beverages produced by the licensee to any wholesaler or retailer authorized to receive …
SDCL § 35-13-20 Permitted licenses for artisan distiller
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A licensed artisan distiller may hold on the licensed premises a farm winery license, a microbrewery license, or a microcidery license. A licensed artisan distiller may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16). Source:…
SDCL § 35-13-21 Additional locations of artisan distiller--Limitation
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A licensed artisan distiller may operate additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the…
SDCL § 35-13-22 Permitted sales by distiller
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A licensed distiller may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed distiller may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages. Sou…
SDCL § 35-13-23 Registration of labels
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The holder of any license issued under this chapter, shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13 , before sale. If the label or brand states or implies in a false or misleading…
SDCL § 35-13-24 Promulgation of rules
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The secretary may promulgate rules, pursuant to chapter 1-26 , establishing the criteria and procedures for obtaining a license pursuant to this chapter, and procedures for collecting the excise taxes pertaining to the licenses. Source: SL 2018, ch 223 , § 12.