reglab/housing_qa huggingface dataset:
SD Codified L § 35-5-20 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 05 - Alcohol Excise Tax|Section 35-5-20 - Records and reports required of licensees--Entry and examination on default--Violation as misdemeanor.

35-5-20. Records and reports required of licensees--Entry and examination on default--Violation as misdemeanor.Any licensee liable for the payment of the taxes shall keep, in current and available form on the licensed premises, records of all purchases, sales, quantities on hand, and any other information the secretary may prescribe by rule promulgated pursuant to chapter 1-26. The secretary may require, from any licensee, any reports the secretary prescribes, and the secretary may require the production of any book, record, document, invoice, and voucher kept, maintained, received, or issued by the licensee in connection with the licensee's business that, in the judgment of the secretary, may be necessary to administer and discharge the secretary's duties, to secure the maximum of revenue to be paid, and to carry out the provisions of law. A violation of this section is a Class 1 misdemeanor.If default is made, or if any licensee fails or refuses to furnish any other reports or information referred to upon request for the reports or information, the secretary may enter the licensee's premises where the records are kept and examine the records as necessary to compile the required report. The cost of the examination shall be paid by the licensee whose reports are in default. Source: SDC 1939, §5.0239 as added by SL 1963, ch 12, §2; SL 1967, ch 8, §3; SDCL §§35-5-20, 35-8-9; SL 1971, ch 211, §91; SL 1987, ch 82, §51; SL 1992, ch 158, §63; SL 2008, ch 37, §189; SL 2018, ch 213, §121.
SD Codified L § 35-5-20.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 05 - Alcohol Excise Tax|Section 35-5-20.1 - Reports required on shipments of beverages into state--Violation as misdemeanor.

35-5-20.1. Reports required on shipments of beverages into state--Violation as misdemeanor.Any person outside the state who sells or ships alcoholic beverages to a manufacturer or wholesaler within this state shall provide the secretary a report as the secretary may require, giving the name and address of the licensee or person making the purchase, the quantity and kind of alcoholic beverages sold, the manner of delivery and any other information prescribed in rule by the secretary. A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, §§5.0224, 5.0225, 5.0312; SL 1943, ch 12; SL 1945, ch 24; SL 1955, ch 6, §6; SDCL §§35-4-58, 35-4-68, 35-6-33; SL 1971, ch 211, §98; SL 1992, ch 158, §64; SL 2018, ch 213, §122.
SD Codified L § 35-5-22 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 05 - Alcohol Excise Tax|Section 35-5-22 - Distribution to municipalities from alcoholic beverage fund.

35-5-22. Distribution to municipalities from alcoholic beverage fund.Twenty-five percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the municipalities. Each municipality's share of the fund shall be determined by the ratio of the population of each municipality to the total population of all the municipalities sharing in the receipts. The department shall make the reversion by remitting not later than November first, February first, May first, and August first of each year to the finance officer of each municipality its share of the fund. The amount received by each municipality shall be deposited in the municipality's general fund. Source: SDC 1939, §5.0241 as added by SL 1945, ch 25; SL 1951, ch 8; SL 1957, ch 7; SL 1961, ch 17; SL 1963, ch 18; SL 1971, ch 211, §93; SL 1981, ch 272, §4; SL 1987, ch 264, §4; SL 1987, ch 265; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2016, ch 190, §1; SL 2018, ch 213, §124.
SD Codified L § 35-5-22.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 05 - Alcohol Excise Tax|Section 35-5-22.1 - Entities sharing in municipal distribution.

35-5-22.1. Entities sharing in municipal distribution.For the purposes of §35-5-22, municipalities include:(1)Any municipality as defined in subdivision 9-1-1(6);(2)Any unincorporated town in which a retail licensee is authorized to operate; or(3)Open mess facilities authorized by federal laws at defense installations. Thirty percent of the tax contributed to the fund by the licensed wholesaler, resulting from tax paid sales to the facility, shall revert to that facility. Source: SDC 1939, §5.0241 as added by SL 1945, ch 25; SL 1951, ch 8; SL 1957, ch 7; SL 1961, ch 17; SL 1963, ch 18; SDCL §§35-5-24, 35-5-24.1; SL 1968, ch 6; SL 1971, ch 211, §94; SL 1985, ch 33, §31; SL 1994, ch 288; SL 2018, ch 213, §125.
SD Codified L § 35-5-22.2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 05 - Alcohol Excise Tax|Section 35-5-22.2 - Distribution to counties from alcoholic beverage fund.

35-5-22.2. Distribution to counties from alcoholic beverage fund.Twenty-five percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the counties. Twenty-five percent of the alcoholic beverage fund distributed to counties shall be divided equally by all counties. The remaining seventy-five percent shall be allocated to counties by the ratio of the population of each county to the total population of all the counties sharing in the receipts. The department shall make the reversion by remitting not later than November first, February first, May first, and August first of each year to the county auditor of each county its share of the fund. The amount received by each county pursuant to this section and §35-5-25 shall be deposited in the county's general fund to be dedicated to expenses related to county law enforcement, jails, state's attorneys, public defenders, and court-appointed attorneys. Source: SL 2016, ch 190, §2; SL 2018, ch 213, §126.
SD Codified L § 35-5-25 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 05 - Alcohol Excise Tax|Section 35-5-25 - Payment to township or county of distribution for unincorporated town.

35-5-25. Payment to township or county of distribution for unincorporated town.In the case of an unincorporated town within an organized township, reversion of its share of the fund under §35-5-22 shall be made to the treasurer of such township who shall deposit the amount so received in the township general fund. In the case of such an unincorporated town within an unorganized township, reversion of its share of such fund shall be so made to the county treasurer of the county wherein such unincorporated town is located who shall deposit the amount so received in the county general fund. Source: SDC 1939, §5.0241 as added by SL 1941, ch 9; SL 1945, ch 25; SL 1951, ch 8; SL 1957, ch 7; omitted SL 1961, ch 17; reenacted SL 1963, ch 18; SL 1971, ch 211, §95.
SD Codified L § 35-5-26 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 05 - Alcohol Excise Tax|Section 35-5-26 - Population used as basis for distribution to unincorporated towns.

35-5-26. Population used as basis for distribution to unincorporated towns.The population of any unincorporated town in an organized or unorganized township shall include the entire population of the organized or unorganized township. The population of the unincorporated town in an unorganized township shall be furnished to the secretary by the county auditor of the county in which the unincorporated town is located. Source: SDC 1939, §5.0241 as added by SL 1963, ch 18; SL 1971, ch 211, §96; SL 1985, ch 33, §33; SL 2010, ch 180, §53.
SD Codified L § 35-8A-1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-1 - Legislative authority and purpose.

35-8A-1. Legislative authority and purpose.The Legislature declares that:(1)Regulation of business relations between beer distributors and manufacturers is necessary and appropriate and in the public interest; and(2)This chapter is enacted pursuant to authority of the state under the provisions of the Twenty-First Amendment to the United States Constitution and that its purpose is to provide a three tier structure, consisting of licensed manufacturers or suppliers, licensed wholesalers, and licensed retailers, for the fair, efficient, and competitive importation, sale and distribution of malt beverages; to provide for and facilitate the regulation of the importation, distribution, use, and control of sale of malt beverages; and to facilitate the lawful and orderly marketing of malt beverages pursuant to the police powers of this state, and the taxation of and proper collection of taxes with respect to malt beverages by this state; and to provide a structure for the business relations between a wholesaler and a supplier. Source: SL 1990, ch 300, §1.
SD Codified L § 35-8A-3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-3 - Distribution contracts--Application of this chapter.

35-8A-3. Distribution contracts--Application of this chapter.Any supplier and any wholesaler may contract with one another to establish the terms and conditions of their distribution arrangement. If any supplier and any wholesaler have entered into a mutually binding written agreement, the provisions of this chapter do not apply and the relationship, rights, and obligations as between the parties shall be governed in all respects by the provisions of the mutually binding written agreement, if the provisions are reasonable, nondiscriminatory, and not unconscionable. However, no provision of a mutually binding written agreement that is determined to be unreasonable, discriminatory, and unconscionable is of any effect, and the provision is severable from any other provisions. Any specific provision in the agreement is invalid if the provision is more restrictive of the wholesaler's right than this chapter allows or if the provision lessens any obligation of the supplier as specified in this chapter; in that event the provisions of this chapter apply. A supplier may have a different agreement with different wholesalers in different brands.In the event of a dispute as to whether the relationship, rights, and obligations as between a supplier and a wholesaler are governed by a mutually binding written agreement or by this chapter, any court of competent jurisdiction in this State may determine the issue by declaratory judgment upon proper application to the court by either party to the dispute. Source: SL 1990, ch 300, §3; SL 2008, ch 37, §191.
SD Codified L § 35-8A-4 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-4 - Prohibited actions by supplier.

35-8A-4. Prohibited actions by supplier.No supplier may:(1)Induce or coerce, or attempt to induce or coerce, a wholesaler to do any illegal act by threatening to amend, cancel, terminate, or refuse to renew any agreement existing between the supplier and wholesaler, or by any other means;(2)Require a wholesaler by any means to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier, unless the cost is allocated fairly to each wholesaler in that market area according to sales to the wholesalers;(3)Withhold delivery of malt beverages ordered by a wholesaler or change a wholesaler's quota of a brand or brands if the action is not made in good faith;(4)Require a wholesaler to accept delivery of any malt beverages or other item or commodity which was not ordered by the wholesaler or which was ordered but properly cancelled by the wholesaler in accordance with the procedures previously established by the supplier. However, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers of the supplier;(5)Require a wholesaler to purchase one or more brands of malt beverages in order for the wholesaler to purchase another brand or brands of malt beverage for any reason;(6)Prohibit a wholesaler from dealing in any product not supplied by the supplier, including any product of any other supplier of any other alcoholic beverage or any nonalcoholic product, or in any way attempt to regulate or control ancillary businesses of a wholesaler;(7)Fix or maintain the price at which a wholesaler may resell malt beverages;(8)Take any action not in good faith against a wholesaler for or because of the filing of a complaint regarding an alleged violation by the supplier of any state or federal law or administrative rule;(9)Refuse to approve any proposed manager or successor manager without good cause or require or prohibit any change in the manager or successor manager of a wholesaler who has been previously approved by the supplier without good cause. For purposes of this subdivision, good cause is the failure of a manager or successor manager to meet commercially reasonable standards or to perform commercially reasonable duties as specified in an agreement between the supplier and wholesaler; or(10)Withdraw from or discontinue supplying to a wholesaler one or more brands or packages of malt beverages. However, nothing in this subdivision prohibits a supplier from withdrawing or discontinuing any brand or package on a state-wide or on a media coverage area basis at any time on reasonable notice or conducting test marketing of a new brand or of a brand of beer which is not currently being sold in this state. Source: SL 1990, ch 300, §4; SL 1999, ch 187, §8.
SD Codified L § 35-8A-5 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-5 - Good cause for termination, cancellation, nonrenewal, discontinuance, or modification.

35-8A-5. Good cause for termination, cancellation, nonrenewal, discontinuance, or modification.Except as provided in §35-8A-6, no supplier may terminate an agreement, cancel an agreement, fail to renew an agreement upon expiration of its terms, refuse to continue under an agreement, or require a material modification of a wholesaler's territory unless good cause exists. Good cause exists for the purpose of termination, cancellation, nonrenewal, discontinuance, or modification if all of the following occur:(1)There is a failure by the wholesaler to substantially comply, without reasonable excuse or justification, with a provision of the agreement which is both reasonable and of material significance to the business relationship between the wholesaler and the supplier;(2)The supplier first acquired knowledge of the failure to comply described in subdivision (1) no more than two years before the date the wholesaler was given final notice under subdivision (5);(3)The wholesaler has been notified in writing by the supplier of the alleged noncompliance and has been afforded thirty days in which to submit a plan of corrective action to comply with the agreement and an additional ninety days to cure the noncompliance in accordance with the plan;(4)The wholesaler was afforded a reasonable opportunity to comply with the agreement within the time as provided in subdivision (3). If the wholesaler cures the alleged noncompliance during the time limits provided, the notice of termination is void;(5)The wholesaler was given final written notice by the supplier of failure to comply with the agreement. The notice shall be delivered by certified mail, return receipt requested, and shall contain a statement of the intention to terminate, cancel, not renew, or discontinue the agreement, a statement of the reasons for the termination, cancellation, nonrenewal, or discontinuance and the date on which the termination shall take effect. The date may not be less than fifteen business days following receipt by the wholesaler of this notice; and(6)The supplier has acted in good faith. Source: SL 1990, ch 300, §5.
SD Codified L § 35-8A-6 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-6 - Conditions for terminating, failing to renew, or refusing to continue under an agreement by supplier--Notice to wholesaler.

35-8A-6. Conditions for terminating, failing to renew, or refusing to continue under an agreement by supplier--Notice to wholesaler.Upon providing the wholesaler notice by certified mail, a supplier may immediately terminate an agreement, cancel an agreement, fail to renew an agreement upon expiration of its term, or refuse to continue under an agreement if any of the following has occurred:(1)The state or federal license of the wholesaler has been revoked or suspended for a period of more than thirty-one days;(2)The wholesaler is insolvent, within the definition of that term contained in 11 U.S.C. § 101, as amended to January 1, 2008, and an order for relief under 11 U.S.C. ch. 7, as amended to January 1, 2008, has been entered with respect to the wholesaler, or there has been a liquidation or dissolution of the wholesaler that materially affects the wholesaler's ability to remain in business;(3)The wholesaler or any individual who holds ten percent or more of the stock or other ownership interest of the wholesaler has been convicted of, or pleads guilty to, a felony that may in the reasonable judgment of the supplier materially and adversely affect the ability of the wholesaler to sell the supplier's products in the wholesaler's territory;(4)The wholesaler has committed fraud in its dealings with the supplier or the supplier's products;(5)The wholesaler has sold malt beverages supplied by the supplier to a retailer who the wholesaler knows, or reasonably should know, does not have a location within the wholesaler's territory at which the retailer is entitled to resell malt beverages; or the wholesaler has sold malt beverages supplied by the supplier to any person the wholesaler knows or should know will sell or supply all or part of the malt beverages to any retail location that does not have a location within the wholesaler's territory at which the retailer is entitled to resell malt beverages;(6)The wholesaler has failed to pay for products ordered and delivered in accordance with established terms with the supplier and has continued to fail to make payment within five business days after receipt of written notice of the delinquency and demand for immediate payment;(7)The wholesaler has made a transfer of wholesaler's business without prior written notice to, and approval by, the supplier in accordance with this chapter;(8)The wholesaler ceases to carry on business with respect to the brewer's products unless the failure to carry on business is due to force majeure and the wholesaler has not taken reasonable steps to overcome those events that constitute the force majeure or has been unable to carry on business for a period of more than five days; or(9)The brewer and wholesaler agree to a termination. Source: SL 1990, ch 300, §6; SL 2008, ch 37, §192.
SD Codified L § 35-8A-7 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-7 - When compensation required from brewer--Reasonable value--Arbitration.

35-8A-7. When compensation required from brewer--Reasonable value--Arbitration.Any brewer who amends, cancels, terminates, or refuses to continue or renew any beer agreement, or causes a wholesaler to resign, unless for good cause shown as defined in §35-8A-5, from an agreement or unreasonably withholds consent to any assignment, transfer, or sale of a wholesaler's business, shall pay the wholesaler reasonable compensation for the value of the wholesaler's business. In determining the value of the wholesaler's business, consideration shall be given to all elements of value, including goodwill and going concern value.If the brewer and the beer wholesaler are unable to mutually agree on the reasonable compensation to be paid for the value of the wholesaler's business, the matter may be submitted to arbitration as set forth in §35-8A-9. Source: SL 1990, ch 300, §7.
SD Codified L § 35-8A-8 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-8 - Brewery may assume wholesaler's business--Time limitation--Brewer as limited partner with wholesaler.

35-8A-8. Brewery may assume wholesaler's business--Time limitation--Brewer as limited partner with wholesaler.If the brewery assumes ownership of the wholesaler's business upon payment of full value to the wholesaler or upon repossession under a loan from the brewer to the wholesaler, the brewery may operate the wholesalership for only a reasonable period of time thereafter, not to exceed two years. Otherwise, no manufacturer or brewer, or party directly interested in either of them, may be granted a wholesale license. Nothing in this chapter may be construed to prohibit an interest by a brewer in a wholesaler's business as a limited partner as defined by chapter 48-7, or to the extent of any amount loaned by the brewer to the wholesaler in acquiring the wholesaler's business. Such arrangement may exist for no longer than ten years. If the general partner defaults in the agreement with the limited partner, and the latter acquires title to the general partner's interest, the limited partner shall divest itself of the general partner's interest within two years. Source: SL 1990, ch 300, §8; SL 1995, ch 208, §2.
SD Codified L § 35-8A-9 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-9 - Injunctive relief for violation of distribution agreement--Costs and attorney fees--Jurisdiction--Arbitration upon agreement by all parties.

35-8A-9. Injunctive relief for violation of distribution agreement--Costs and attorney fees--Jurisdiction--Arbitration upon agreement by all parties.Any party to a distribution agreement aggrieved by a violation of any provision of this chapter may seek injunctive relief enjoining the violation and recovery of damages caused by the violation. The prevailing party to any action charging a violation of this chapter is entitled to recover costs of suit and reasonable attorney's fees. Relief shall be sought in a civil action brought in the circuit court for the county in which the wholesaler's principal place of business is located, or in a federal court of competent jurisdiction located in South Dakota.After a dispute arises, arbitration shall proceed only if all parties agree, at that time, to submit the dispute to arbitration and that the decision of the arbitrators shall be final and binding. The dispute shall be submitted to a panel of three arbitrators. One arbitrator shall be selected by the supplier within thirty days after the parties have agreed to arbitrate. One arbitrator shall be selected by the wholesaler within thirty days after the parties have agreed to arbitrate. The third arbitrator shall be selected from a list of five candidates supplied by the American Arbitration Association at the request of the parties and made within ten days after the parties have agreed to submit the dispute to arbitration. Within ten days after receipt of the list, the wholesaler and the supplier may disqualify up to two candidates from the list. The American Arbitration Association shall select the third arbitrator from the candidates not disqualified by the parties. The arbitration shall proceed in accordance with the rules of the American Arbitration Association within thirty days after the selection of the arbitration panel has been completed. The cost of the arbitration shall be borne equally by the parties. The award of a majority of the arbitrators shall be final and binding on the parties. Source: SL 1990, ch 300, §9; SL 1999, ch 187, §2.