reglab/housing_qa huggingface dataset:
SD Codified L § 35-8A-10 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-10 - Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay.

35-8A-10. Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay.A wholesaler may, at death, transfer the wholesaler's business to a designated member. The consent or approval of the supplier is not required for any transfer of the wholesaler's business at death, including the assignment of wholesaler's rights under the agreement, to a designated member. Any other transfer of wholesaler's business is subject to the supplier's prior written approval. Upon written notice of intent to transfer the wholesaler's business, any individual owning an interest in a wholesaler may transfer that interest to any person who meets the reasonable qualifications required by the supplier. The consent or approval of the supplier is required for any transfer of the wholesaler's business to a proposed transferee to assure that the proposed transferee meets the reasonable qualifications of the supplier. The supplier may not withhold consent without good cause. The supplier may not interfere with, prevent or unreasonably delay the transfer of wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee meets the reasonable qualifications required by the supplier. For the purposes of this section, the term, "unreasonable delay," means a period exceeding sixty days after receipt by supplier of all information reasonably requested from the wholesaler unless a longer period of time is justified by the circumstances. The supplier has the burden of showing that he has acted reasonably and in good faith in refusing to consent to the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement. Source: SL 1990, ch 300, §10.
SD Codified L § 35-8A-11 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-11 - Distribution agreement binding upon successor.

35-8A-11. Distribution agreement binding upon successor.A successor to a supplier or wholesaler is bound by each distribution agreement the predecessor was a party to at the time of transfer with respect to each brand the successor continues to make available for sale in this state. Source: SL 1990, ch 300, §11.
SD Codified L § 35-8A-12 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-12 - Waiver of rights void--Mutually binding agreements or voluntary dispute settlements not prohibited.

35-8A-12. Waiver of rights void--Mutually binding agreements or voluntary dispute settlements not prohibited.Any waiver of the rights or remedies granted by this chapter is void. However, nothing in this chapter limits or prohibits suppliers and wholesalers from entering into mutually binding written agreements as defined in this chapter or to limit or prohibit good faith dispute settlements voluntarily entered into by the parties. However, no provision of any written agreement may purport to require the law of any state other than South Dakota to govern the relationship of the parties or to require wholesalers to waive the right to have disputes with their suppliers resolved in courts of competent jurisdiction in South Dakota or to require a wholesaler to waive the right to trial by jury in South Dakota. Source: SL 1990, ch 300, §12; SL 1999, ch 187, §1.
SD Codified L § 35-8A-13 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-13 - Unreasonable amendment prohibited.

35-8A-13. Unreasonable amendment prohibited.No supplier may require a wholesaler to assent to any amendment to a distribution agreement which is either unreasonable or not made in good faith. Source: SL 1990, ch 300, §13.
SD Codified L § 35-8A-14 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-14 - Exclusive sales territories--Designated wholesaler.

35-8A-14. Exclusive sales territories--Designated wholesaler.Each supplier of malt beverages licensed by the state authorizing any licensee to sell its malt beverages shall sell its malt beverages through wholesale licensees of the state to retail licensees authorized under state statute, shall designate exclusive sales territories for every brand or brands sold in the state, and shall name one licensed wholesaler for sales territory who, within that territory, shall be the exclusive wholesaler for the designated brand or brands of said supplier. Such supplier shall enter into a territorial agreement, in writing, designating the exclusive territory and authorizing the sale by a designated licensed wholesaler of that brand or brands within the designated territory. Such supplier may not designate more than one wholesaler for each brand for all or any part of a designated sales territory, and the written territorial agreement may not provide for the distribution of a brand or brands to more than one licensed wholesaler for all or any part of the designated territory. No modification of either the designated sales territory or any territorial agreement is effective unless the supplier has acted in good faith and for good cause and until written notice thereof has been given by the supplier to the wholesaler. The wholesaler licensee designated as the exclusive wholesaler for a brand or brands within a designated territory shall service retail licensees within that territory without discrimination, and shall service for the purpose of quality control all of the malt beverages sold by that wholesaler to retailers within such territory.No wholesaler may, without the prior approval of the supplier, sell that supplier's malt beverage products to any retailer whose place of business is outside of the wholesaler's designated sales territory for such products, or to any person the wholesaler knows or should know will sell or supply such products to any such retailer. Any violation of the provisions of this section shall subject the licensee to penalties and damages as set forth in Title 37. Source: SL 1990, ch 300, §14.
SD Codified L § 35-8A-15 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-15 - Application of chapter.

35-8A-15. Application of chapter.The provisions of this chapter shall cover agreements in existence on July 1, 1990, as well as agreements entered into after July 1, 1990. Any written agreement continuous in nature or which has no specific duration or renewal provision which is in existence on July 1, 1990, shall be considered, for the purposes of this chapter, to have been renewed ninety days after July 1, 1990. Source: SL 1990, ch 300, §15.
SD Codified L § 35-8A-16 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-16 - Brand defined.

35-8A-16. Brand defined.For purposes of this chapter, the term, brand, means any word, name, group of letters, symbol, or combination thereof, that is adopted and used by a brewer or importer to identify a specific beer product, and to distinguish that beer product from another beer product. Source: SL 1999, ch 187, §3.
SD Codified L § 35-8A-17 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-17 - Brand extension defined.

35-8A-17. Brand extension defined.For purposes of this chapter, the term, brand extension, means any brand that incorporates all or a substantial part of the unique features of a preexisting brand of the same brewer or importer and that relies to a significant extent on the goodwill associated with that preexisting brand. Source: SL 1999, ch 187, §4.
SD Codified L § 35-8A-18 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-18 - Brand extension to be assigned wholesaler granted exclusive sales territory for preexisting brand--Exemption.

35-8A-18. Brand extension to be assigned wholesaler granted exclusive sales territory for preexisting brand--Exemption.Any brewer or importer, who assigns a brand extension to a wholesaler, shall assign the brand extension to the wholesaler to whom the brewer or importer granted the exclusive sales territory for the brand from which the brand extension resulted. This requirement does not apply to any assignment of a brand extension to a wholesaler that was made by a brewer or importer before July 1, 1999. Source: SL 1999, ch 187, §5.
SD Codified L § 35-8A-19 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-19 - Future brand extensions to be assigned wholesaler who first had brand.

35-8A-19. Future brand extensions to be assigned wholesaler who first had brand.If prior to July 1, 1999, a brewer or importer assigned a brand extension to a wholesaler who was not the appointed wholesaler for the brand from which the brand extension was made, then any additional brand extension shall be assigned to the wholesaler who first had the brand. Source: SL 1999, ch 187, §6.
SD Codified L § 35-8A-20 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 08A - Regulation Of Beer Industry Business Relationships|Section 35-8A-20 - Application of certain amended and enacted sections.

35-8A-20. Application of certain amended and enacted sections.The 1999 amendments to §§35-8A-9 and 35-8A-12 and §§35-8A-16 to 35-8A-19, inclusive, apply to any agreement in existence as of July 1, 1999, as well as any agreement entered into after July 1, 1999. Any written agreement in existence on July 1, 1999, which is continuous in nature or which has no specific duration or renewal provision, shall be considered, for the purpose of §§35-8A-9 and 35-8A-12 and 35-8A-16 to 35-8A-19, inclusive, to have been renewed ninety days after July 1, 1999. Source: SL 1999, ch 187, §9.
SD Codified L § 35-9-1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-1 - Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.

35-9-1. Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.It is a Class 1 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person under the age of eighteen years unless:(1)It is done in the immediate presence of a parent or guardian or spouse, who is at least twenty-one years of age, while not on the premises of an establishment licensed for the retail sale of alcoholic beverages pursuant to §35-4-2 or at a special event for which an alcoholic beverage license has been issued; or(2)It is done by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.However, no licensee is civilly liable to any injured person or the injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the sale or consumption of any alcoholic beverage in violation of the provisions of this section. Source: SL 1939, ch 13; SL 1943, ch 14, §§1, 2; SL 1959, ch 9; SL 1959, ch 46, §§1, 2; SDC Supp 1960, §§5.0227-2, 5.9910, 13.3304; SL 1963, ch 19; SL 1965, ch 31; SDCL §26-10-3; SL 1971, ch 211, §110; SL 1972, ch 154, §19; SL 1977, ch 190, §131; SL 1984, ch 249, §3; SL 1987, ch 261, §11; SL 1990, ch 301, §1; SL 1999, ch 188, §1; SL 2010, ch 180, §35.
SD Codified L § 35-9-1.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-1.1 - Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability.

35-9-1.1. Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability.It is a Class 2 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person who is eighteen years of age or older but less than twenty-one years of age unless it is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.However, no licensee is civilly liable to any injured person or the injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the sale or consumption of any alcoholic beverage in violation of the provisions of this section. Source: SL 1990, ch 301, §2; SL 2010, ch 180, §36.
SD Codified L § 35-9-1.2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-1.2 - Reasonable attempt to investigate age.

35-9-1.2. Reasonable attempt to investigate age.Any person charged with a violation of §35-9-1, 35-9-1.1, or 35-12B-7, may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person. Source: SL 1991, ch 299; SL 2000, ch 182, §1; SL 2010, ch 180, §60; SL 2015, ch 196, §8, eff. Jan. 1, 2016.
SD Codified L § 35-9-1.3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-1.3 - Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred.

35-9-1.3. Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred.No person may be convicted of illegally selling any alcoholic beverage to any underage person pursuant to §35-9-1 or 35-9-1.1, if the underage person was in possession of, and the seller relied upon, any false age-bearing identification document that was furnished to the underage person by any state agency or local law enforcement agency or any agent, employee, contractor, or associate of any state agency or local law enforcement agency for the purpose of attempting to illegally purchase any alcoholic beverage. Source: SL 2000, ch 183, §1.
SD Codified L § 35-9-1.4 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-1.4 - Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.

35-9-1.4. Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.No criminal penalty may be imposed on a licensee licensed pursuant to this title if:(1)The person making the sale in violation of §35-9-1 or 35-9-1.1 is an employee or agent of the licensee;(2)The employee or agent does not own a controlling interest in the licensee; and(3)The licensee or person having a controlling interest in the licensee is not present at the time of the sale. Source: SL 2010, ch 180, §41.
SD Codified L § 35-9-1.5 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-1.5 - Fine imposed on licensee when sale does not constitute criminal offense.

35-9-1.5. Fine imposed on licensee when sale does not constitute criminal offense.If a sale is in violation of §35-9-1 or 35-9-1.1 and does not constitute a criminal offense against the licensee, the state's attorney for the county in which the sale took place may as part of any proceeding against the person making the sale request that the court require the licensee to pay a fine in accordance with §§35-9-1.4 to 35-9-1.6, inclusive. Source: SL 2010, ch 180, §42.
SD Codified L § 35-9-1.6 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-1.6 - Hearing on liability for furnishing alcoholic beverage to underage person--Amount of fine.

35-9-1.6. Hearing on liability for furnishing alcoholic beverage to underage person--Amount of fine.Upon a request from the state's attorney and notice to the licensee, the court shall conduct a hearing to determine if the licensee is liable under §§35-9-1.4 to 35-9-1.6, inclusive, and upon a finding that the licensee is liable, the court may order the licensee to pay a fine not to exceed:(1)Five hundred dollars upon the first violation within two years;(2)Seven hundred fifty dollars upon the second violation within two years; and(3)One thousand dollars for the third violation within two years. Source: SL 2010, ch 180, §43.
SD Codified L § 35-9-2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-2 - Purchase, possession, or consumption of beverage by person under twenty-one years prohibited--Exception--Misrepresentation of age--Violation as misdemeanor.

35-9-2. Purchase, possession, or consumption of beverage by person under twenty-one years prohibited--Exception--Misrepresentation of age--Violation as misdemeanor.It is a Class 2 misdemeanor for any person under the age of twenty-one years to purchase, attempt to purchase, or possess or consume alcoholic beverages except pursuant to §35-9-1.1 or when consumed in a religious ceremony and given to the person by an authorized person, or to misrepresent his or her age with the use of any document for the purpose of purchasing or attempting to purchase alcoholic beverages from any licensee licensed under this title. Source: SL 1949, ch 18, §§1, 2; SDC Supp 1960, §§5.0227-1, 5.9909; SL 1963, ch 16; SL 1968, ch 5; SL 1971, ch 211, §111; SL 1977, ch 190, §132; SL 1987, ch 261, §12; SL 2010, ch 180, §61.
SD Codified L § 35-9-2.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-2.1 - Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions.

35-9-2.1. Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions.Any merchant who is a licensee under this title, or the merchant's employee, who has reasonable grounds to believe a person under the age of twenty-one has illegally purchased, attempted to purchase, or possess alcoholic beverages or has misrepresented the person's age with the use of any document for purposes of purchasing or attempting to purchase alcoholic beverages from the merchant or the merchant's employee, may detain the person, on the premises of the merchant's establishment, in a reasonable manner and for a reasonable length of time:(1)To request identification;(2)To verify the identification;(3)To make reasonable inquiry as to whether the person has violated §35-9-2;(4)To inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; or(5)In the case of a minor, to inform a law enforcement officer or the parents, guardian, or other private person interested in the welfare of that minor of this detention and to surrender custody of the minor to that person. Source: SL 2000, ch 185, §1.
SD Codified L § 35-9-2.2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-2.2 - Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained.

35-9-2.2. Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained.If a merchant chooses to implement the provisions of §35-9-2.1, the merchant shall conspicuously post a notice, on the merchant's premises, stating that any person who the merchant reasonably believes was under the age of twenty-one and has attempted to purchase alcoholic beverages, will be detained and surrendered to a law enforcement officer. Source: SL 2000, ch 185, §2.
SD Codified L § 35-9-2.3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-2.3 - Purchase of beverage by adult for person under twenty-one as misdemeanor.

35-9-2.3. Purchase of beverage by adult for person under twenty-one as misdemeanor.Except as provided in §§35-9-1 and 35-9-1.1, it is a Class 1 misdemeanor for any person twenty-one years of age or older to purchase or otherwise acquire alcoholic beverages from a retail establishment and to give or resell the alcoholic beverages to any person under the age of twenty-one years. Source: SL 2000, ch 184, §1.
SD Codified L § 35-9-2.4 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-2.4 - Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance.

35-9-2.4. Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance.No person may be arrested or prosecuted for any misdemeanor offense of underage consumption, open container, or public intoxication, arising out of underage consumption of alcohol if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance due to alcohol consumption and that person:(1)Assists the person in need of emergency medical assistance until assistance arrives; and(2)Remains and cooperates with medical assistance and law enforcement personnel on the scene. Source: SL 2016, ch 191, §1.
SD Codified L § 35-9-2.5 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-2.5 - Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance.

35-9-2.5. Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance.No person under the age of twenty-one years may be prosecuted for any misdemeanor offense of underage consumption, open container, or public intoxication, arising out of underage consumption of alcohol if that person contacts law enforcement or emergency medical services and reports that he or she is in need of medical assistance due to alcohol consumption and that person remains and cooperates with medical assistance and law enforcement personnel on the scene. Source: SL 2016, ch 191, §2.