Title 35 — ALCOHOLIC BEVERAGES
20 chapters · 349 sections in this title.
SDCL § 35-15-1 Definitions
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Terms used in this chapter mean: (1) "Malt beverage manufacturer," any manufacturer located in this state producing malt beverages, as defined in § 35-1-1 , that is not a microbrewery; (2) "Microbrewery," any manufacturer located in this state producing malt beverages, as defined…
SDCL § 35-15-10 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 224 , § 10.
SDCL § 35-15-2 Classes of licenses
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The classes of licenses, with the fee of each class, are as follows: (1) Malt beverage manufacturer--two thousand five hundred dollars; and (2) Microbrewery--five hundred dollars. Source: SL 2018, ch 224 , § 2.
SDCL § 35-15-3 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 224 , § 3.
SDCL § 35-15-4 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 224 , § 4…
SDCL § 35-15-5 Permitted sales by microbrewery--Limitation
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A licensed microbrewery may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed microbrewery may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverage…
SDCL § 35-15-6 Permitted licenses for microbrewery
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A licensed microbrewery may hold on the licensed premises an artisan distiller license, a farm winery license, or a microcidery license. A licensed microbrewery may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16). Source: SL …
SDCL § 35-15-7 Additional locations of microbrewery--Limitation
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A licensed microbrewery may operate up to five 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 exce…
SDCL § 35-15-8 Permitted sales by malt beverage manufacturer
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A licensed malt beverage manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed malt beverage manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to re…
SDCL § 35-15-9 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 …