Title 35, ALCOHOLIC BEVERAGES

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 § 35-12B-11 . The list shall include: (1) The manufacturer's name and address; (2) Each bran…

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…

Each wine direct shipper license and wine carrier license is valid from twelve o'clock midnight on the thirty-first day of December to twelve o'clock midnight on the thirty-first day of the next December. However, the license is valid for an additional three days if a proper appl…

Notwithstanding any other provisions of title 35, a direct shipper licensed pursuant to this chapter may sell and ship wine to any person in this state who is twenty-one years of age or older if the wine is registered for direct shipment as required pursuant to § 35-12B-2 . Befor…

A direct shipper shall label each package to be shipped in accordance with the provisions of this chapter so that it conspicuously contains words indicating the package contains alcohol and that the signature of a person twenty-one years of age or older is required for delivery. …

Each shipment of wine made in accordance with this chapter shall be delivered by a wine carrier and shall be accompanied by a shipping label that conforms to the requirements contained in § 35-12B-6 . The wine carrier shall obtain the signature of a person twenty-one years of age…

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 under this chapter. No person who receives wine pursuant to the provisions of this chapter may resell any of the wine. It is a Class 2 misdeme…

A direct shipper may only ship wine that was produced by the direct shipper in accordance with the direct shipper's federal basic wine manufacturing permit. A violation of this section is a Class 2 misdemeanor. Source: SL 2015, ch 196 , § 10, eff. Jan. 1, 2016.

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…

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.

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…

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.

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 , § …

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…

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 …

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:…

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…

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…

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 223 , § 12.

Notwithstanding any other provision of law, any person who is at least twenty-one years of age may purchase and receive distilled spirits from another state as provided in this section if the distilled spirits are not in distribution in this state. The person may place an order w…

If the wholesaler orders three or less cases of a particular brand of distilled spirits 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 2021, ch 167 , § 2.

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

Terms used in this chapter: (1) "Cider manufacturer," any manufacturer located in this state producing cider, as defined in § 35-1-1 , that is not a microcidery; (2) "Microcidery," any manufacturer located in this state producing cider, as defined in § 35-1-1 , in a total quantit…

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 , § 25.

The classes of licenses, with the fee of each class, are as follows: (1) Cider manufacturer--two thousand five hundred dollars; and (2) Microcidery--five hundred dollars. Source: SL 2018, ch 223 , § 17.

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 , § 18.

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 , § …

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

A licensed microcidery may hold on the licensed premises an artisan distiller license, a farm winery license, or a microbrewery license. A licensed microcidery 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 microcidery 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 excee…

A licensed cider manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed cider manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoho…

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…

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…

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.

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.

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.

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…

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…

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 …

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…

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…

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 …

For the purposes of this chapter the term, wine manufacturer, means any manufacturer located in this state producing, blending, filtering, clarifying, aging and bottling wine, as defined in § 35-1-1 , that is not a farm winery. Source: SL 2018, ch 225 , § 1.