reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-118 - Registry of full-service restaurant on-sale licenses.

35-4-118. Registry of full-service restaurant on-sale licenses.
Each municipality or county adopting an ordinance pursuant to §35-4-111 shall maintain a registry of each on-sale license that is being offered for sale at the price established in §35-4-117 and furnish a copy of the registry to anyone who requests a new full-service restaurant on-sale license. The municipality or county may only issue a new license pursuant to §§35-4-110 to 35-4-120, inclusive, if no on-sale license is on the registry or a person desiring to purchase an on-sale license listed on the registry provides documentation showing that the person is unable to purchase the on-sale license at the price established in §35-4-117 and on terms satisfactory to both the potential buyer and seller. The price of any on-sale license registered as, for sale, with the municipality or county shall be sold at the current fair market price set by the municipality or county pursuant to §35-4-117. Nothing in §§35-4-110 to 35-4-120, inclusive, precludes the sale of an on-sale license by a licensee not listed on the registry.
Source:
SL 2008, ch 189, §10; SL 2009, ch 177, §7.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-119 - Registration that full-service restaurant on-sale license is for sale.

35-4-119. Registration that full-service restaurant on-sale license is for sale.
The existing on-sale license holder is responsible for registering with the municipality or county that the on-sale license is for sale pursuant to §35-4-118.
Source:
SL 2008, ch 189, §11.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-120 - Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal.

35-4-120. Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal.
Upon the adoption of an ordinance pursuant to §35-4-111, any person who purchased an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) within the last five years shall report to the municipality or county that issued the license the amount paid for the license. If the municipality or county that issued the on-sale license adopts an ordinance pursuant to §35-4-111, and requests from any other licensee the amount originally paid for any other on-sale license pursuant to §35-4-117, the licensee shall report that amount to the municipality or county. The declared purchase price shall be made under oath and shall include the documents establishing the amount paid for the on-sale license. If the transaction included other personal property or real property, the full market value of the other property on the date of the transaction shall be deducted from the total purchase price to establish the amount paid for the license. The person who owned the license as of the date of the adoption of the ordinance has the burden of establishing the amount paid for the license. If the amount reported is used to determine current fair market value pursuant to §35-4-117, any licensee who contends that the amount does not accurately reflect the fair market value of the license on the date of purchase may file an objection to the report. The objection shall be filed with the municipality or county within thirty days of the date the license fee is set pursuant to §35-4-116. If an objection is filed, the governing board of the municipality or county shall conduct a hearing to determine the fair market value of the license. The determination of the governing board may be appealed to circuit court.
Source:
SL 2009, ch 177, §9; SL 2018, ch 213, §102.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-123 - County fairground on-sale license.

35-4-123. County fairground on-sale license.
Any county operating a county fairgrounds may, by resolution, without an election, but subject to referendum, issue one on-sale license at the county fairgrounds to an applicant who is authorized by the county to operate as the leaseholder at the county fairgrounds. The selling, serving, or dispensing of any alcoholic beverage at the county fairgrounds may not occur more than one hour before the commencement of any event at the county fairgrounds or at any time after the event is concluded. A license issued pursuant to this section may not be transferred. The license shall be issued without regard to the population limitations established pursuant to §§35-4-11 and 35-4-11.1.
Source:
SL 2010, ch 186, §1; SL 2011, ch 174, §1; SL 2018, ch 213, §105.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-124.1 - Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license.

35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license.
A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may only sell malt beverages that have been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by members of the public to be sold at the special event.
The donor shall purchase any donated alcoholic beverage from a licensed South Dakota retailer.
Source:
SL 2015, ch 195, §2, eff. Mar. 13, 2015; SL 2018, ch 213, §107.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-125 - Application for special alcoholic beverage license--Fee.

35-4-125. Application for special alcoholic beverage license--Fee.
Notwithstanding §35-1-5.5, a municipality or county may allow the sale of alcoholic beverages on public property or property owned by a nonprofit corporation during a special event. Any license issued pursuant to §35-4-124 shall be issued to the person and the location specified on the application. Notwithstanding §35-4-2, the governing body of the municipality or the board of county commissioners, as appropriate, shall determine the fee for this license. Each application shall be accompanied by the fee at the time of submission to the governing body of the municipality or the board of county commissioners. The fee provided for in this section shall be retained by the governing body of the municipality or the board of county commissioners issuing the license.
Source:
SL 2010, ch 185, §2; SL 2011, ch 175, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-127 - Off-sale delivery license.

35-4-127. Off-sale delivery license.
A licensee licensed pursuant to subdivision 35-4-2(3) or (5) may apply for an off-sale delivery license as provided by subdivision 35-4-2(23) to deliver alcoholic beverages to a consumer within the boundaries of the municipality that issued the off-sale license. The alcoholic beverage for delivery shall be purchased in person and on-site at the licensee's off-sale premises. The minimum purchase of alcoholic beverages shall be one hundred fifty dollars. The delivery shall be made during hours of operation pursuant to §35-4-81.2 by an employee of the licensee who is at least twenty-one years old. The employee shall obtain the signature of a person twenty-one years old or older before delivery of the shipment. The employee shall request that the person signing for the delivery display a valid age-bearing photo identification document issued by this state, another state, or the federal government verifying that the person is twenty-one years old or older. Documentation verifying the identification of the person signing for the delivery shall be retained by the licensee for one year.
Any licensee who delivers alcoholic beverages to a person under twenty-one years old is subject to a civil penalty of one thousand dollars for a first offense and two thousand dollars for a second or subsequent offense. Any money collected pursuant to this section shall be deposited in the general fund.
Source:
SL 2017, ch 169, §1; SL 2018, ch 213, §108.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-128 - Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited--Exceptions--Violation as misdemeanor.

35-4-128. Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited--Exceptions--Violation as misdemeanor.
Unless specifically allowed in this section, the manufacture, sale or possession of alcohol in a powdered, condensed, or other concentrated form as defined in §35-1-1 or the sale or possession of an alcoholic beverage that is reconstituted from alcohol in a powdered, condensed, or other concentrated form is prohibited.
The provisions of this section do not apply to the following:
(1)Any hospital that possesses a product defined in subdivision 35-1-1(17A) and that possession is primarily used for conducting scientific research; or
(2)Any state institution, private college or university, or pharmaceutical or biotechnical company that possesses a product defined in subdivision 35-1-1(17A) and that possession is primarily used for conducting bona fide research.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 2017, ch 163, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-129 - Sale of alcoholic beverages below cost prohibited--Exception.

35-4-129. Sale of alcoholic beverages below cost prohibited--Exception.
No alcoholic beverage may be sold below the wholesale cost of the alcoholic beverage, unless the sale constitutes the termination of the sale of the alcoholic beverage on the licensed premises. Any alcoholic beverage offered for sale at less than wholesale cost may not be offered again for sale on the licensed premises for a period of less than one year after termination of the sale of the product on the licensed premises. The wholesale cost is the consideration paid by a retailer to a wholesaler to acquire an alcoholic beverage and includes the purchase price and freight charges. If no wholesaler is used in the sale, the direct shipper may not sell the alcoholic beverage below the manufacturer's cost.
Source:
SL 1989, ch 337; SL 2015, ch 196, §23, eff. Jan. 1, 2016; SDCL §37-10A-1; SL 2018, ch 213, §§109, 110.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 04 - Sale Of Beverages › Section 35-4-130 - Quantity discounts and cash discounts permitted.

35-4-130. Quantity discounts and cash discounts permitted.
A retailer, as defined in subdivision 35-1-1(19), may offer quantity discounts or cash discounts to a consumer for the purchase of alcoholic beverages. Any quantity discount or cash discount offered by a retailer to a consumer shall comply with the provisions of §35-4-129.
Source:
SL 2019, ch 165, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 05 - Alcohol Excise Tax › Section 35-5-1 - Beverages to which chapter applies.

35-5-1. Beverages to which chapter applies.
The provisions of this chapter apply to all alcoholic beverages.
Source:
SDC 1939, §5.0201; SL 1971, ch 211, §77; SL 2018, ch 213, §111.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 05 - Alcohol Excise Tax › Section 35-5-2 - Alcohol excise tax to be paid by manufacturers and wholesalers.

35-5-2. Alcohol excise tax to be paid by manufacturers and wholesalers.
There is hereby levied an alcohol excise tax on all alcoholic beverages manufactured, purchased, received, or imported in this state. A manufacturer shall pay the alcohol excise tax on all alcoholic beverages manufactured and sold directly to a retailer or consumer. A wholesaler shall pay the alcohol excise tax on all alcoholic beverages purchased, received, or imported for sale to a retailer.
Source:
SDC 1939, §5.0238; SL 1963, ch 17; SL 1971, ch 211, §78; SL 2018, ch 213, §112.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 05 - Alcohol Excise Tax › Section 35-5-3 - Amount of tax based on quantities--Diluted beverages.

35-5-3. Amount of tax based on quantities--Diluted beverages.
The alcohol excise tax based on the quantities of different kinds of alcoholic beverages is:
(1)Malt beverages, eight dollars and fifty cents per barrel of thirty-one gallons, or a pro rata portion thereof in accordance with the size of the bulk container;
(2)All light wines and diluted beverages (except sparkling wines and cider) containing alcohol by weight to the extent of more than 3.2 percent and not more than fourteen percent, ninety-three cents per gallon;
(3)All wines (except sparkling wines) containing alcohol by weight to the extent of more than fourteen percent and not more than twenty percent, one dollar and forty-five cents per gallon;
(4)All wines (except sparkling wines) containing alcohol by weight to the extent of more than twenty percent and not more than twenty-four percent, all natural sparkling wines containing alcohol and all artificial sparkling wines containing alcohol, two dollars and seven cents per gallon;
(4A)All cider containing alcohol by weight not more than ten percent, twenty-eight cents per gallon;
(5)All other alcoholic beverages not otherwise specified, three dollars and ninety-three cents per gallon.
For the purposes of this section, diluted beverages are alcoholic beverages prepared from the admixture of spirits or wine with water, dairy products, fruit juices, or vegetable juices, to which may be added natural flavors, artificial flavors, sweetening agents, or food additives to produce a beverage distinct and unique from the spirits or wine. In no case does the term, diluted beverages, include beverages which contain in excess of twelve percent alcohol by weight.
Any funds collected from the alcohol excise tax imposed by this section shall be deposited in the alcoholic beverage fund.
Source:
SDC 1939, §§5.0238 (1), 5.0314; SL 1945, ch 17, §4; SL 1955, ch 6, §7; SL 1963, ch 17; SL 1963, ch 21, §1; SL 1965, ch 18, §1; SDCL §35-7-2; SL 1971, ch 211, §79; SL 1972, ch 201, §§1, 2; SL 1981, ch 272, §1; SL 1987, ch 261, §44; SL 1987, ch 263; SL 1987, ch 264, §1; SL 1990, ch 299; SL 1998, ch 221, §2; SL 2010, ch 180, §51; SL 2018, ch 213, §113.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 05 - Alcohol Excise Tax › Section 35-5-6 - Beverages exempt from tax.

35-5-6. Beverages exempt from tax.
The following alcoholic beverages sold by licensees are exempt from the taxes levied by this chapter:
(1)Sacramental wines; or
(2)Alcoholic beverages sold by manufacturer licensees for transportation in interstate commerce outside the state, or, to wholesale licensees under this title.
Source:
SDC 1939, §5.0240; SL 1945, ch 22, §3; SL 1971, ch 211, §82; SL 1987, ch 261, §47; SL 2018, ch 213, §116.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 05 - Alcohol Excise Tax › Section 35-5-6.1 - Additional tax on wholesaler's purchases--Administration.

35-5-6.1. Additional tax on wholesaler's purchases--Administration.
In addition to the alcohol excise tax imposed by §35-5-3, a tax of two percent of the purchase price is imposed upon the purchases of alcoholic beverages, except malt beverages, by a wholesaler from a manufacturer or supplier. The tax shall be paid monthly and shall be administered and collected in the same manner as provided in this chapter for the collection of the alcohol excise tax. A licensee shall indicate the total dollar amount of purchases received during the reporting period. Funds collected from the tax imposed by this section shall be deposited in the state general fund.
Source:
SL 1978, ch 267, §§1, 2; SL 1981, ch 272, §2; SL 1987, ch 261, §48; SL 2018, ch 213, §117.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 05 - Alcohol Excise Tax › Section 35-5-7 - Bond required of licensees--Amount of bond--Deposit in lieu of bond.

35-5-7. Bond required of licensees--Amount of bond--Deposit in lieu of bond.
Any licensee liable for the payment of the taxes levied under this chapter may be required by the secretary to file with the secretary a bond or bonds, in an amount and form prescribed by the secretary, with corporate surety satisfactory to the secretary. The amount of the bond may not exceed fifty thousand dollars, and the secretary may require the increase or permit the decrease of the amount of the bond to a sum that the secretary determines is necessary to assure payment of the tax. The bond or bonds shall run to the state and shall be conditioned on the payment of all taxes levied under this chapter on or before the due date of payment, and on the payment of all fines and penalties lawfully imposed by reason of failure to pay any taxes levied under this chapter on the date payment is due. In lieu of a bond, the secretary may allow the licensee to furnish the amount of the bond in cash or negotiable securities approved by the secretary.
Source:
SDC 1939, §§5.0109, 5.0208, 5.0239, 5.0307; SL 1941, ch 8; SL 1943, ch 11; SL 1959, ch 8; SL 1959, ch 12; SL 1963, ch 11; SL 1963, ch 12, §2; SL 1965, ch 16; SDCL §§35-1-6, 35-4-36, 35-5-7, 35-6-16, 35-6-17; SL 1971, ch 211, §83; SL 2008, ch 37, §185; SL 2018, ch 213, §118.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 05 - Alcohol Excise Tax › Section 35-5-7.1 - Cancellation of bond by surety--Revocation of license.

35-5-7.1. Cancellation of bond by surety--Revocation of license.
The surety may cancel the bond required by §35-5-7 as to future liability by giving thirty days' written notice to the department and the licensee. Unless the licensee gives other sufficient security by the end of the thirty-day period, the licensee's license shall be revoked.
Source:
SDC 1939, §5.0307 as added by SL 1959, ch 12; SL 1963, ch 11; SL 1965, ch 16; SDCL §§35-4-37, 35-6-19; SL 1971, ch 211, §84; SL 2008, ch 37, §186.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 05 - Alcohol Excise Tax › Section 35-5-10 - Monthly return and payment of tax based on quantity of beverages--Violation as misdemeanor.

35-5-10. Monthly return and payment of tax based on quantity of beverages--Violation as misdemeanor.
Each licensee liable for the payment of the taxes levied under this chapter shall file with the secretary a return, on a form prescribed by the secretary, showing the kind and quantity of alcoholic beverages produced, received, and on hand, together with the names of the persons from whom received, the amount of tax due, and any other information prescribed by the secretary. The return, covering the period of one calendar month, together with payment of the tax due, shall be transmitted to the department on or before the twenty-fifth day of the second month following the close of the reporting period. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939 §§5.0239, 5.0315; SL 1955, ch 6, §§4, 8; SL 1963, ch 12, §2; SL 1965, ch 18, §2; SDCL §§35-5-8 to 35-5-10, 35-7-4, 35-7-6; SL 1971, ch 211, §85; SL 1992, ch 158, §62; SL 2018, ch 213, §119.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 05 - Alcohol Excise Tax › Section 35-5-19 - Interest and penalty for delinquency in filing return or payment of tax--Reduction of penalty for reasonable cause--Additional amount added for false return--Collection and enforcement.

35-5-19. Interest and penalty for delinquency in filing return or payment of tax--Reduction of penalty for reasonable cause--Additional amount added for false return--Collection and enforcement.
Any person required to file returns or reports under this chapter, who fails to file a return or report or pay the tax when due is subject to interest and penalty at the rates set forth in §10-59-6. However, for a reasonable cause shown, the secretary may reduce or eliminate the penalty. If any licensee files a false or fraudulent return, an amount equal to the tax evaded, or attempted to be evaded, shall be added to the tax. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants, and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest and then to penalty. No court may enjoin the collection of the tax or civil penalty.
Source:
SDC 1939, §5.0239 as added by SL 1963, ch 12, §2; SDC Supp 1960, §5.0238-1; SDCL §§35-5-18, 35-7-7; SL 1971, ch 211, §90; SL 1983, ch 28, §48; SL 1983, ch 265; SL 1984, ch 319, §22; SL 1988, ch 296; SL 2018, ch 213, §120.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.