Title 35 — ALCOHOLIC BEVERAGES

20 chapters · 349 sections in this title.

349 sectionsFiltered byTitle 35

SDCL § 35-12B-4 Duration of wine direct shipper license and wine carrier license
0.5K chars
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…
SDCL § 35-12B-5 Sale and shipment of wine registered for direct shipment--Requirements
0.3K chars
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 §
SDCL § 35-12B-6 Package labeling requirements--Penalty for violations
0.7K chars
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. …
SDCL § 35-12B-7 Delivery of shipment by wine carrier--Requirements--Penalty for violation
0.2K chars
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 §
SDCL § 35-12B-8 Limit on amount of wine received--Resale prohibited--Violation as misdemeanor
0.6K chars
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…
SDCL § 35-12B-9 Shipment in accordance with federal permit--Violation as misdemeanor
0.3K chars
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.
SDCL § 35-13-13 Definitions
0.6K chars
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
0.2K chars
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
0.3K chars
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
0.2K chars
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
0.3K chars
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
0.5K chars
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
0.6K chars
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
0.3K chars
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
0.3K chars
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
0.3K chars
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
0.4K chars
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
0.3K chars
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.
SDCL § 35-13A-1 Purchase of distilled spirits not in distribution in state--Ordering procedures--Delivery
1.3K chars
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…
SDCL § 35-13A-2 No registration fee for certain annual purchase totals
0.3K chars
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.
SDCL § 35-13A-3 Limit on distilled spirits received from another state for personal use--Resale prohibited--Certain licensee sales allowed--Violation a misdemeanor--Department of Revenue to promulgate rules
1.1K chars
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…
SDCL § 35-14-1 Definitions
0.4K chars
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…
SDCL § 35-14-10 Promulgation of rules
0.3K chars
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.
SDCL § 35-14-2 Classes of licenses
0.2K chars
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.
SDCL § 35-14-3 Application of title
0.3K chars
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.
SDCL § 35-14-4 Excise tax
0.3K chars
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 § 35-14-5 Permitted sales by microcidery--Limitation
1.0K chars
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.…
SDCL § 35-14-6 Permitted licenses for microcidery
0.3K chars
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…
SDCL § 35-14-7 Additional locations of microcidery--Limitation
0.3K chars
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…
SDCL § 35-14-8 Permitted sales by cider manufacturer
0.3K chars
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…
SDCL § 35-14-9 Registration of labels
0.4K chars
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 § 35-15-1 Definitions
0.4K chars
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
0.3K chars
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
0.2K chars
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
0.2K chars
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
0.3K chars
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
1.0K chars
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
0.3K chars
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
0.3K chars
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
0.3K chars
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
0.4K chars
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 § 35-16-1 Wine manufacturer defined
0.3K chars
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.
SDCL § 35-16-2 License fee
0.1K chars
The fee for a wine manufacturer license is two thousand five hundred dollars. Source: SL 2018, ch 225 , § 2.
SDCL § 35-16-3 Application of title
0.2K chars
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 225 , § 3.
SDCL § 35-16-4 Excise tax
0.4K chars
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…
SDCL § 35-16-5 Permitted sales
0.3K chars
A licensed wine manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed wine manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholi…
SDCL § 35-16-6 Registration of labels
0.4K chars
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 § 35-16-7 Promulgation of rules
0.3K chars
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 225 , § 7.
SDCL § 35-16-8 Bulk wine
0.4K chars
The quantity of bulk wine in any wine manufacturer's annual production shall not exceed fifty percent of that winery's annual production. The bulk wine must be blended and not bottled. Bulk wine as used in this section means fermented juice from grapes and other fruit bases or ho…