Title 35 — ALCOHOLIC BEVERAGES

In any juvenile adjudication arising from a violation of § 35-9-2 , if the person is apprehended for: (1) The purchase or attempted purchase of alcoholic beverages, the venue is the locality where the purchase or attempted purchase occurred or the juvenile's county of residence; …

If the conviction or adjudication for a violation of § 35-9-1.1 or 35-9-2 is for a first offense, the court may, in addition to any other penalty allowed by law, order the suspension of the person's driving privileges for a period not less than thirty days and not to exceed one y…

If the conviction or adjudication for a violation of § 35-9-1 is for a first offense, the court shall, in addition to any other penalty allowed by law, order the revocation of the defendant's driving privileges for a period not less than thirty days and not to exceed one year. Ho…

No person, acting as a social host, may, knowingly, permit any person under the age of eighteen to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of this sectio…

The secretary may promulgate rules, pursuant to chapter 1-26 , regarding the following matters involving the sale, purchase, distribution, and licensing of alcoholic beverages under this title: (1) The marking of bottles, cans, and other containers of alcoholic beverages showing …

Any alcoholic beverage used or possessed in violation of provisions of this title constitutes contraband goods, and is subject to confiscation as provided in this chapter. Any judgment of conviction of illegal use or possession against the person from whom the beverages were take…

If there is no dismissal of prosecution or no judgment of conviction of illegal use or possession of alcoholic beverages, any officer seizing the beverages may apply to the court that issued the search warrant under which the beverages were seized, or if the beverages were not se…

Upon hearing, the court shall determine whether alcoholic beverages seized were in fact used or possessed in violation of provisions of this title. If the court finds there was no such illegal use or possession, the court shall order the beverages returned to or held for the owne…

Upon any adjudication in any form of confiscation of alcoholic beverages, the officer having custody of the beverages shall make a full report to the secretary setting forth the quantity, kind, and probable value of the beverages. If the beverages are of such character that the b…

If confiscated alcoholic beverages are lawfully salable, and of sufficient value to justify an attempted sale, the secretary shall take custody of the alcoholic beverages, and shall, pending sale, store the beverages at any convenient and safe place. Source: SDC 1939, § 5.0122; S…

If confiscated alcoholic beverages accumulate in sufficient quantities, the secretary shall notify all licensed wholesalers as to kinds and types of alcoholic beverages in the secretary's custody for sale. The secretary shall receive bids, and sales shall be made on the basis of …

Any structure, conveyance, or place where alcoholic beverages are manufactured, sold, kept, bartered, given away, found, consumed, or used in violation of the laws of the state, relating to alcoholic beverages, and all alcoholic beverages and property kept and used in maintaining…

If a person has knowledge or reason to believe that the person's structure, conveyance, or place is occupied or used for the manufacture, sale, bartering, giving away, keeping, consuming, or using of alcoholic beverages, contrary to the provisions of the laws of the state, and if…

An action to enjoin any nuisance, as defined in § 35-10-17 , may be brought in the name of the State of South Dakota by the attorney general or by the state's attorney of the county in which the property constituting the nuisance is located. Any action to abate or to enjoin the n…

An action pursuant to § 35-10-19 may be maintained in any court having jurisdiction over such an action. An injunction may be secured against the premises in which the nuisance exists and against any person, partnership, club, association, or corporation, either severally or join…

If, in an action pursuant to § 35-10-19 , it is made to appear by affidavits or otherwise, to the satisfaction of the court, or judge in vacation, that a nuisance exists, a temporary writ of injunction shall be issued, restraining the defendant from conducting or permitting the c…

It is not necessary in an action pursuant to § 35-10-19 for the court to find the property involved was being unlawfully used as described in § 35-10-17 at the time of the hearing. However, on finding that the material allegations of the petition are true, the court shall order t…

Notwithstanding § 35-10-22 , the court may permit the structure, conveyance, or place to be occupied or used if the owner, lessee, tenant, or occupant of the structure, conveyance, or place gives bond with sufficient surety, to be approved by the court making the order, in the pe…

In contempt proceedings arising out of the violation of any order or injunction granted in any action or proceeding pursuant to § 35-10-19 , the court or the judge thereof shall summarily, and without jury, try and punish the person or persons guilty thereof. The affidavits upon …

The accused in any proceeding pursuant to § 35-10-25 may plead in the same manner as to an information or indictment, insofar as the same is applicable. Evidence may be oral or in the form of affidavits, or both. The court may require the defendant to answer interrogatories, eith…

Except as otherwise provided in §§ 35-10-25 and 35-10-26 , the practice in contempt proceedings pursuant to § 35-10-25 shall conform as nearly as may be to the practice in contempt proceedings which is now or may hereafter be prescribed by the laws of this state. Source: SL 1939,…

For the purposes of any hearing provided for by this title, the secretary may exercise the powers granted by §

Any cost penalty provided for by this title shall be included in the judgment of conviction and has all the force and effect of a judgment in a civil action. If the person against whom the cost penalty is assessed has furnished a bond as a licensee under this title, the surety is…

If any licensed dealer in alcoholic beverages or the dealer's agent or employee is convicted of: (1) A violation of any provision of this title, or any law or ordinance regulating the sale of alcoholic beverages; or (2) Any violation of law or ordinance in the operation of the li…

The Legislature finds that the consumption of alcoholic beverages, rather than the serving of alcoholic beverages, is the proximate cause of any injury inflicted upon another by an intoxicated person. Therefore, the rule in Walz v. City of Hudson, 327 N.W. 2nd 120 (S.D. 1982) is …

No social host who furnishes any alcoholic beverage is civilly liable to any injured person or injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the intoxication of any person due to the consumption of…

For the purposes of this chapter, the term, farm winery, means any manufacturer located in this state producing wine, as defined in § 35-1-1 , in a total quantity not in excess of one hundred fifty thousand gallons within a calendar year, where at least fifty percent of the raw m…

The fee for a farm winery license is five hundred dollars. Source: SL 2018, ch 222 , § 2.

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 222 , § 3.

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 . Notwithstanding any other pro…

Any applicant for a license as a farm winery 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 use im…

A licensed farm winery may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed farm winery may sell alcoholic beverages produced by the licensee to any wholesaler or retailer authorized to receive the alcoholi…

A licensed farm winery may hold on the licensed premises an artisan distiller license, a microbrewery license, or a microcidery license. A licensed farm winery may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16). Source: SL 2…

A licensed farm winery 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 total…

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 …

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 222 , § 10.

Notwithstanding any other provision of law, any person who is at least twenty-one years of age may purchase and receive wine from another state as provided in this section if the wine is not in distribution in this state. The person may place an order with a licensee as defined i…

If the wholesaler orders twelve or less cases of a particular brand of wine for an individual purchaser in one calendar year pursuant to this chapter, no registration fee pursuant to chapter 39-13 may be imposed. Source: SL 2003, ch 197 , § 2; SL 2015, ch 196 , § 20, eff. Jan. 1,…

No person may receive more than twelve cases of wine, containing no more than nine liters per case, in any calendar year for personal use from another state under this chapter. No person who receives wine under this chapter may resell any of the wine. However, if the delivery of …

Terms used in this chapter mean: (1) "Common carrier," a carrier which holds itself out to the general public as engaged in the business of transporting goods for a fee; (2) "Department," the South Dakota Department of Revenue; (3) "Direct shipper," a winery that has obtained a w…

A direct shipper is deemed to have consented to the jurisdiction of the department and the courts of the State of South Dakota with respect to the enforcement of the provisions of this chapter. The direct shipper shall allow the department to perform an audit of the direct shippe…

A direct shipper shall file quarterly reports with the department on or before the fifteenth day of the month following each quarterly period. The required quarterly report shall be filed even if no business was transacted in this state during the reporting period. The report sha…

A wine carrier shall file quarterly reports with the department on or before the fifteenth day of the month following each quarterly period. The required quarterly report shall be filed even if no business was transacted in this state during the reporting period. The report shall…

A direct shipper shall pay the alcohol excise tax as prescribed pursuant to § 35-5-2 , according to the rates established in subdivisions 35-5-3(2), (3), and (4). Notwithstanding the filing and payment requirements prescribed in chapter 35-5 , a direct shipper shall include on th…

All reports required pursuant to §§ 35-12B-11 and 35-12B-12 shall be submitted by electronic means to the department. All taxes required to be remitted pursuant to § 35-12B-13 shall be remitted by electronic transfer to the department. Source: SL 2015, ch 196 , § 15, eff. Jan. 1,…

Any sale and shipment of wine directly to a person in this state from a winery that does not hold a current wine direct shipper license is prohibited. For the first offense, the department shall send a certified letter to any person who violates this section and order the person …

The department may promulgate rules, pursuant to chapter 1-26 , concerning: (1) Forms necessary for the implementation of this chapter; (2) Reporting and tracking requirements for wine direct shipper licensees; and (3) The procedure for filing tax returns and the payment of all a…

The department shall compile and publish on its internet website a list of wine labels registered for sale and shipped in the state each quarter, based on information reported pursuant to §

Any winery located within or outside of the state may obtain a wine direct shipper license. An applicant for an initial or renewal wine direct shipper license shall: (1) File an application with the department on a form prescribed by the department; (2) Pay a license fee of one h…

Any common carrier may apply for a wine carrier license. An applicant for an initial or renewal wine carrier license shall: (1) File an application with the department on a form prescribed by the department; and (2) Pay a license fee of one hundred dollars. The department shall i…