reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-25 - Summary punishment for contempt--Affidavits as prima facie case.

35-10-25. Summary punishment for contempt--Affidavits as prima facie case.
In contempt proceedings arising out of the violation of any order or injunction granted in any action or proceeding pursuant to §35-10-19, the court or the judge thereof shall summarily, and without jury, try and punish the person or persons guilty thereof. The affidavits upon which any such attachment for contempt issue shall make a prima facie case for the state.
Source:
SL 1939, ch 15, §3; SDC Supp 1960, §5.0114-4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-26 - Pleadings and evidence in contempt actions.

35-10-26. Pleadings and evidence in contempt actions.
The accused in any proceeding pursuant to §35-10-25 may plead in the same manner as to an information or indictment, insofar as the same is applicable. Evidence may be oral or in the form of affidavits, or both. The court may require the defendant to answer interrogatories, either written or oral. The defendant need not necessarily be discharged upon the defendant's denial of the facts stated in the moving papers.
Source:
SL 1939, ch 15, §3; SDC Supp 1960, §5.0114-4; SL 2008, ch 37, §207.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 10 - Enforcement Powers And Procedures › Section 35-10-27 - Proceedings governed by general law of contempt.

35-10-27. Proceedings governed by general law of contempt.
Except as otherwise provided in §§35-10-25 and 35-10-26, the practice in contempt proceedings pursuant to §35-10-25 shall conform as nearly as may be to the practice in contempt proceedings which is now or may hereafter be prescribed by the laws of this state.
Source:
SL 1939, ch 15, §3; SDC Supp 1960, §5.0114-4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 11 - Liability For Injuries By Intoxicated Persons › Section 35-11-1 - Legislative finding--Abrogation of former rule.

35-11-1. Legislative finding--Abrogation of former rule.
The Legislature finds that the consumption of alcoholic beverages, rather than the serving of alcoholic beverages, is the proximate cause of any injury inflicted upon another by an intoxicated person. Therefore, the rule in Walz v. City of Hudson, 327 N.W. 2nd 120 (S.D. 1982) is hereby abrogated.
Source:
SL 1985, ch 295, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 11 - Liability For Injuries By Intoxicated Persons › Section 35-11-2 - Social hosts not liable.

35-11-2. Social hosts not liable.
No social host who furnishes any alcoholic beverage is civilly liable to any injured person or injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the intoxication of any person due to the consumption of the alcoholic beverage.
Source:
SL 1985, ch 295, §3; SL 2008, ch 37, §208.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12 - Farm Wineries › Section 35-12-13 - Farm winery defined.

35-12-13. Farm winery defined.
For the purposes of this chapter, the term, farm winery, means any manufacturer located in this state producing wine, as defined in §35-1-1, in a total quantity not in excess of one hundred fifty thousand gallons within a calendar year, where at least fifty percent of the raw materials used in the finished product are grown or produced in this state, and without the use of wine imported from outside this state.
Source:
SL 2018, ch 222, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12 - Farm Wineries › Section 35-12-15 - Application of title.

35-12-15. Application of title.
Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter.
Source:
SL 2018, ch 222, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12 - Farm Wineries › Section 35-12-16 - Excise tax.

35-12-16. Excise tax.
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5. Notwithstanding any other provision of law, the taxes imposed on a farm winery shall be deposited in the general fund.
Source:
SL 2018, ch 222, §4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12 - Farm Wineries › Section 35-12-17 - Requirement to use agricultural products grown or produced in state--Exception--Perjury.

35-12-17. Requirement to use agricultural products grown or produced in state--Exception--Perjury.
Any applicant for a license as a farm winery shall verify, under oath, compliance with the requirement to use agricultural products grown or produced in this state. However, if South Dakota agricultural products are not available in sufficient quantities, the applicant may use imported agricultural products for the period covered by the license, but may not use imported alcoholic beverages. Any person who signs a statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Source:
SL 2018, ch 222, §5.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12 - Farm Wineries › Section 35-12-18 - Permitted sales--Limitation.

35-12-18. Permitted sales--Limitation.
A licensed farm winery may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed farm winery may sell alcoholic beverages produced by the licensee to any wholesaler or retailer authorized to receive the alcoholic beverages. A licensed farm winery may sell alcoholic beverages to any licensed artisan distiller, farm winery, microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process.
The quantity of alcoholic beverages sold pursuant to this section may not exceed the total production limits for the license as specified in §35-12-13.
Source:
SL 2018, ch 222, §6.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12 - Farm Wineries › Section 35-12-19 - Permitted licenses.

35-12-19. Permitted licenses.
A licensed farm winery may hold on the licensed premises an artisan distiller license, a microbrewery license, or a microcidery license. A licensed farm winery may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).
Source:
SL 2018, ch 222, §7.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12 - Farm Wineries › Section 35-12-20 - Additional locations--Limitation.

35-12-20. Additional locations--Limitation.
A licensed farm winery may operate additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the total production limits for the license as specified in §35-12-13. Any additional license issued pursuant to this section has the privileges of the original license as specified in §§35-12-18 and 35-12-19.
Source:
SL 2018, ch 222, §8.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12 - Farm Wineries › Section 35-12-21 - Registration of labels.

35-12-21. Registration of labels.
The holder of any license issued under this chapter shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.
Source:
SL 2018, ch 222, §9.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12 - Farm Wineries › Section 35-12-22 - Promulgation of rules .

35-12-22. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and procedures for obtaining a license pursuant to this chapter, and procedures for collecting the excise taxes pertaining to the licenses.
Source:
SL 2018, ch 222, §10.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12A - Interstate Wine Shipment › Section 35-12A-1 - Purchase of wine not in distribution in state--Ordering procedures.

35-12A-1. Purchase of wine not in distribution in state--Ordering procedures.
Notwithstanding any other provision of law, any person who is at least twenty-one years of age may purchase and receive wine from another state as provided in this section if the wine is not in distribution in this state. The person may place an order with a licensee as defined in subdivision 35-4-2(3), (5), or (12). The licensee shall order the wine through a wholesaler licensed pursuant to subdivision 35-4-2(2) and the wholesaler shall arrange the purchase of wine. The licensee shall inform the purchaser of the cost of the wine, the amount of any tax that would apply to the purchase pursuant to §35-5-3, the amount of sales tax that would apply, and the amount of charges for freight and handling. The licensee shall collect the total amount due from the customer before ordering the wine through the wholesaler. After receiving the order for the wine from the licensed retailer the wholesaler shall arrange for the wine to be shipped directly to the licensee who placed the order for the purchaser. Wine purchased pursuant to this chapter may only be delivered and received by the purchaser from a licensee as defined in subdivision 35-4-2(3), (5), or (12).
Source:
SL 2003, ch 197, §1; SL 2015, ch 196, §19, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12A - Interstate Wine Shipment › Section 35-12A-2 - No registration fee for certain annual purchase totals.

35-12A-2. No registration fee for certain annual purchase totals.
If the wholesaler orders twelve or less cases of a particular brand of wine for an individual purchaser in one calendar year pursuant to this chapter, no registration fee pursuant to chapter 39-13 may be imposed.
Source:
SL 2003, ch 197, §2; SL 2015, ch 196, §20, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12A - Interstate Wine Shipment › Section 35-12A-3 - Limit on wine received from another state for personal use--Resale prohibited--Exception--Violation a misdemeanor--Department of Revenue to promulgate rules.

35-12A-3. Limit on wine received from another state for personal use--Resale prohibited--Exception--Violation a misdemeanor--Department of Revenue to promulgate rules.
No person may receive more than twelve cases of wine, containing no more than nine liters per case, in any calendar year for personal use from another state under this chapter. No person who receives wine under this chapter may resell any of the wine. However, if the delivery of the wine does not result in a completed sale to the person who placed the original order, the licensee may sell the wine in the ordinary course of business. It is a Class 2 misdemeanor for any person to receive more than twelve cases of wine during a calendar year in violation of this chapter. It is a Class 2 misdemeanor for any person to resell or attempt to resell any wine obtained pursuant to this chapter. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to provide for the reporting and tracking of information related to the sale of wine under this chapter and to prescribe forms for the implementation of this chapter.
Source:
SL 2003, ch 197, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-1 - Definitions.

35-12B-1. Definitions.
Terms used in this chapter mean:
(1)"Common carrier," a carrier which holds itself out to the general public as engaged in the business of transporting goods for a fee;
(2)"Department," the South Dakota Department of Revenue;
(3)"Direct shipper," a winery that has obtained a wine direct shipper license;
(4)"Purchase price," the price of a product charged to the end consumer before the application of South Dakota state and local taxes;
(5)"Wine carrier," a common carrier that has obtained a wine carrier license;
(6)"Winery," a winery that produces its own wine and holds a federal basic wine manufacturing permit.
Source:
SL 2015, ch 196, §1, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-2 - Wine direct shipper license requirements.

35-12B-2. Wine direct shipper license requirements.
Any winery located within or outside of the state may obtain a wine direct shipper license. An applicant for an initial or renewal wine direct shipper license shall:
(1)File an application with the department on a form prescribed by the department;
(2)Pay a license fee of one hundred dollars;
(3)Submit a copy of the applicant's current federal basic wine manufacturing permit;
(4)Register each brand label offered for sale in this state, if not previously registered, and pay all applicable brand registration fees pursuant to chapter 39-13;
(5)Hold a South Dakota sales and use tax license issued by the department; and
(6)Be current on the remittance of all applicable state and local taxes.
The department shall issue a wine direct shipper license to any applicant who meets the requirements of this chapter.
Source:
SL 2015, ch 196, §2, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-3 - Wine carrier license requirements.

35-12B-3. Wine carrier license requirements.
Any common carrier may apply for a wine carrier license. An applicant for an initial or renewal wine carrier license shall:
(1)File an application with the department on a form prescribed by the department; and
(2)Pay a license fee of one hundred dollars.
The department shall issue a wine carrier license to any applicant who meets the requirements of this chapter. Any money collected pursuant to this section shall be deposited in the general fund.
Source:
SL 2015, ch 196, §3, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-4 - Duration of wine direct shipper license and wine carrier license.

35-12B-4. Duration of wine direct shipper license and wine carrier license.
Each wine direct shipper license and wine carrier license is valid from twelve o'clock midnight on the thirty-first day of December to twelve o'clock midnight on the thirty-first day of the next December. However, the license is valid for an additional three days if a proper application for a new license is in the possession of the department before midnight on the thirty-first day of December when the license expires. The full fee shall be charged for any license for a portion of the period.
Source:
SL 2015, ch 196, §4, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-5 - Sale and shipment of wine registered for direct shipment--Requirements.

35-12B-5. Sale and shipment of wine registered for direct shipment--Requirements.
Notwithstanding any other provisions of title 35, a direct shipper licensed pursuant to this chapter may sell and ship wine to any person in this state who is twenty-one years of age or older if the wine is registered for direct shipment as required pursuant to §35-12B-2. Before shipping the wine, the direct shipper shall verify the age of the person placing the order by obtaining a copy of the person's valid age-bearing photo identification document issued by this state, another state, or the federal government, or by using an age verification service. The direct shipper shall record the name, address, date of birth, and telephone number of the person placing the order on the order form or other verifiable record. The direct shipper shall notify the person placing the order that the recipient of the shipment is required to show a valid age-bearing photo identification document issued by this state, another state, or the federal government upon delivery. No direct shipper may ship more than twelve cases of wine, containing no more than nine liters per case, in any calendar year to any person for personal use under this chapter.
Source:
SL 2015, ch 196, §5, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-6 - Package labeling requirements--Penalty for violations.

35-12B-6. Package labeling requirements--Penalty for violations.
A direct shipper shall label each package to be shipped in accordance with the provisions of this chapter so that it conspicuously contains words indicating the package contains alcohol and that the signature of a person twenty-one years of age or older is required for delivery. Any direct shipper who causes a direct shipment of wine in violation of the provisions of §35-12B-5 or this section is subject to a civil penalty of one thousand dollars for a first offense and two thousand dollars for a second or subsequent offense. Penalties may be levied by the Department of Revenue. Any money collected pursuant to this section shall be deposited in the general fund.
Source:
SL 2015, ch 196, §6, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-7 - Delivery of shipment by wine carrier--Requirements--Penalty for violation.

35-12B-7. Delivery of shipment by wine carrier--Requirements--Penalty for violation.
Each shipment of wine made in accordance with this chapter shall be delivered by a wine carrier and shall be accompanied by a shipping label that conforms to the requirements contained in §35-12B-6. The wine carrier shall obtain the signature of a person twenty-one years of age or older prior to delivery of the shipment, and shall request that the person signing for the shipment 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 of age or older.
Any common carrier or wine carrier who delivers wine to a person under twenty-one years of age 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 2015, ch 196, §7, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-8 - Limit on amount of wine received--Resale prohibited--Violation as misdemeanor.

35-12B-8. Limit on amount of wine received--Resale prohibited--Violation as misdemeanor.
No person may receive more than twelve cases of wine, containing no more than nine liters per case, in any calendar year for personal use under this chapter. No person who receives wine pursuant to the provisions of this chapter may resell any of the wine. It is a Class 2 misdemeanor for any person to receive more than twelve cases of wine during a calendar year in violation of the provisions of this chapter. It is a Class 1 misdemeanor for any person to resell or attempt to resell any wine obtained pursuant to the provisions of this chapter.
Source:
SL 2015, ch 196, §9, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-9 - Shipment in accordance with federal permit--Violation as misdemeanor.

35-12B-9. Shipment in accordance with federal permit--Violation as misdemeanor.
A direct shipper may only ship wine that was produced by the direct shipper in accordance with the direct shipper's federal basic wine manufacturing permit. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2015, ch 196, §10, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-10 - State jurisdiction--Audit of records.

35-12B-10. State jurisdiction--Audit of records.
A direct shipper is deemed to have consented to the jurisdiction of the department and the courts of the State of South Dakota with respect to the enforcement of the provisions of this chapter. The direct shipper shall allow the department to perform an audit of the direct shipper's records, including any documents used to verify the age of any person ordering wine from the direct shipper and provide copies of any such records upon request.
Source:
SL 2015, ch 196, §11, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-11 - Direct shipper quarterly reports.

35-12B-11. Direct shipper quarterly reports.
A direct shipper shall file quarterly reports with the department on or before the fifteenth day of the month following each quarterly period. The required quarterly report shall be filed even if no business was transacted in this state during the reporting period.
The report shall include:
(1)The business name, address, and direct shipper license number of the direct shipper;
(2)The total gallons of wine shipped to recipients in this state during the quarterly period;
(3)The name and address of shipment recipients in this state and the number of cases, or portions thereof, received per recipient during the quarterly period;
(4)The wine carrier or carriers used to deliver each shipment;
(5)The date, wine type, brand label, quantity, and purchase price of each shipment, along with any taxes paid by the purchaser, during the quarterly period; and
(6)The tracking number of each shipment.
Source:
SL 2015, ch 196, §12, eff. Jan. 1, 2016; SL 2017, ch 170, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-12 - Wine carrier quarterly reports.

35-12B-12. Wine carrier quarterly reports.
A wine carrier shall file quarterly reports with the department on or before the fifteenth day of the month following each quarterly period. The required quarterly report shall be filed even if no business was transacted in this state during the reporting period.
The report shall include:
(1)The business name and address of the direct shipper for each shipment;
(2)The date of shipment;
(3)The name and address of shipment recipients in this state;
(4)The weight in pounds of each package shipped; and
(5)The tracking number of each shipment.
Source:
SL 2015, ch 196, §13, eff. Jan. 1, 2016; SL 2017, ch 170, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-13 - Tax payments.

35-12B-13. Tax payments.
A direct shipper shall pay the alcohol excise tax as prescribed pursuant to §35-5-2, according to the rates established in subdivisions 35-5-3(2), (3), and (4). Notwithstanding the filing and payment requirements prescribed in chapter 35-5, a direct shipper shall include on the report required by §35-12B-11 the gallons of wine shipped to recipients in this state in each wine category as set forth in subdivisions 35-5-3(2), (3), and (4), and calculate the tax due for each wine category.
Additionally, the direct shipper shall pay the tax imposed by §35-5-6.1 on shipped wine based upon the purchase price of the wine sold to the consumer. The direct shipper shall remit the taxes quarterly on or before the fifteenth day of the month following each quarterly period.
A direct shipper that is also licensed as a farm winery under this title shall receive a credit for any alcohol excise tax paid pursuant to this title for any wine sold for shipment in this state by the direct shipper.
Source:
SL 2015, ch 196, §14, eff. Jan. 1, 2016; SL 2018, ch 213, §133.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-14 - Electronic submission of reports--Electronic tax payments.

35-12B-14. Electronic submission of reports--Electronic tax payments.
All reports required pursuant to §§35-12B-11 and 35-12B-12 shall be submitted by electronic means to the department. All taxes required to be remitted pursuant to §35-12B-13 shall be remitted by electronic transfer to the department.
Source:
SL 2015, ch 196, §15, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-15 - Sale and shipment of wine without direct shipper license prohibited--Action by department for violation--Civil penalty.

35-12B-15. Sale and shipment of wine without direct shipper license prohibited--Action by department for violation--Civil penalty.
Any sale and shipment of wine directly to a person in this state from a winery that does not hold a current wine direct shipper license is prohibited. For the first offense, the department shall send a certified letter to any person who violates this section and order the person to cease and desist any shipment of wine into this state. For any subsequent violation, the department shall notify the alcoholic beverage control agency in the person's state of domicile, if other than this state, and the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury of the violation. Any person who violates this section is subject to a civil penalty of up to five thousand dollars. Any money collected pursuant to this section shall be deposited in the general fund.
Source:
SL 2015, ch 196, §16, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-16 - Promulgation of rules.

35-12B-16. Promulgation of rules.
The department may promulgate rules, pursuant to chapter 1-26, concerning:
(1)Forms necessary for the implementation of this chapter;
(2)Reporting and tracking requirements for wine direct shipper licensees; and
(3)The procedure for filing tax returns and the payment of all applicable taxes.
Source:
SL 2015, ch 196, §17, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 12B - Direct Shipments Of Wine › Section 35-12B-17 - Internet website list of wine labels registered for sale and shipment.

35-12B-17. Internet website list of wine labels registered for sale and shipment.
The department shall compile and publish on its internet website a list of wine labels registered for sale and shipped in the state each quarter, based on information reported pursuant to §35-12B-11. The list shall include:
(1)The manufacturer's name and address;
(2)Each brand label shipped by the manufacturer; and
(3)Whether the manufacturer shipped the brand label to any consumer.
Source:
SL 2015, ch 196, §18, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-13 - Definitions.

35-13-13. Definitions.
Terms used in this chapter mean:
(1)"Artisan distiller," any manufacturer located in this state producing, rectifying, or blending distilled spirits, as defined in §35-1-1, in a total quantity not in excess of fifty thousand gallons within a calendar year, where at least thirty percent of the raw materials, other than water, used in the finished product are grown or produced in this state;
(2)"Distiller," any manufacturer located in this state producing, rectifying, or blending distilled spirits, as defined in §35-1-1, that is not an artisan distiller.
Source:
SL 2018, ch 223, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-14 - Classes of licenses.

35-13-14. Classes of licenses.
The classes of licenses, with the fee of each class, are as follows:
(1)Artisan distiller--five hundred dollars; and
(2)Distiller--two thousand five hundred dollars.
Source:
SL 2018, ch 223, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-15 - Exception to licensing requirement.

35-13-15. Exception to licensing requirement.
No agricultural producer, association of agricultural producers, or legal agent who manufactures and converts agricultural surpluses, byproducts, or wastes, into denatured ethyl and industrial alcohol for purposes other than human consumption is required to obtain any license issued pursuant to this chapter.
Source:
SL 2018, ch 223, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-16 - Application of title.

35-13-16. Application of title.
Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter.
Source:
SL 2018, ch 223, §4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-17 - Excise tax.

35-13-17. Excise tax.
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter, an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5.
Source:
SL 2018, ch 223, §5.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-18 - Artisan distiller required to use agricultural products grown or produced in state--Exception--Perjury.

35-13-18. Artisan distiller required to use agricultural products grown or produced in state--Exception--Perjury.
Any applicant for a license as an artisan distiller shall verify, under oath, compliance with the requirement to use agricultural products grown or produced in this state. However, if South Dakota agricultural products are not available in sufficient quantities, the applicant may use imported agricultural products for the period covered by the license. Any person who signs a statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Source:
SL 2018, ch 223, §6.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-19 - Permitted sales by artisan distiller--Limitation.

35-13-19. Permitted sales by artisan distiller--Limitation.
A licensed artisan distiller may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed artisan distiller may sell alcoholic beverages produced by the licensee to any wholesaler or retailer authorized to receive the alcoholic beverages. A licensed artisan distiller may sell alcoholic beverages to any licensed artisan distiller, farm winery, microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process.
The quantity of alcoholic beverages sold pursuant to this section may not exceed the total production limits for the license as specified in §35-13-13.
Source:
SL 2018, ch 223, §7.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-20 - Permitted licenses for artisan distiller.

35-13-20. Permitted licenses for artisan distiller.
A licensed artisan distiller may hold on the licensed premises a farm winery license, a microbrewery license, or a microcidery license. A licensed artisan distiller may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).
Source:
SL 2018, ch 223, §8.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-21 - Additional locations of artisan distiller--Limitation.

35-13-21. Additional locations of artisan distiller--Limitation.
A licensed artisan distiller may operate additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the total production limits for the license as specified in §35-13-13. Any additional license issued pursuant to this section has the privileges of the original license as specified in §§35-13-19 and 35-13-20.
Source:
SL 2018, ch 223, §9.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-22 - Permitted sales by distiller .

35-13-22. Permitted sales by distiller.
A licensed distiller may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed distiller may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.
Source:
SL 2018, ch 223, §10.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-23 - Registration of labels.

35-13-23. Registration of labels.
The holder of any license issued under this chapter, shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.
Source:
SL 2018, ch 223, §11.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13 - Distillers And Artisan Distillers › Section 35-13-24 - Promulgation of rules.

35-13-24. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and procedures for obtaining a license pursuant to this chapter, and procedures for collecting the excise taxes pertaining to the licenses.
Source:
SL 2018, ch 223, §12.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13A - Distilled Spirits Not In Distribution In State › Section 35-13A-1 - Purchase of distilled spirits not in distribution in state--Ordering procedures--Delivery.

35-13A-1. Purchase of distilled spirits not in distribution in state--Ordering procedures--Delivery.
Notwithstanding any other provision of law, any person who is at least twenty-one years of age may purchase and receive distilled spirits from another state as provided in this section if the distilled spirits are not in distribution in this state. The person may place an order with a licensee as defined in subdivision 35-4-2(3) or (5). The licensee shall order the distilled spirits through a wholesaler licensed pursuant to subdivision 35-4-2(2) and the wholesaler shall arrange the purchase of the distilled spirits. The licensee shall inform the purchaser of the cost of the distilled spirits, the amount of any tax that would apply to the purchase pursuant to § 35-5-3, the amount of sales tax that would apply, and the amount of charges for freight and handling. The licensee shall collect the total amount due from the customer before ordering the distilled spirits through the wholesaler. After receiving the order for the distilled spirits from the licensed retailer, the wholesaler shall arrange for the distilled spirits to be shipped directly to the licensee who placed the order for the purchaser. Distilled spirits purchased pursuant to this chapter may only be delivered and received by the purchaser from a licensee as defined in subdivision 35-4-2(3) or (5).
Source:
SL 2021, ch 167, § 1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13A - Distilled Spirits Not In Distribution In State › Section 35-13A-2 - No registration fee for certain annual purchase totals.

35-13A-2. No registration fee for certain annual purchase totals.
If the wholesaler orders three or less cases of a particular brand of distilled spirits for an individual purchaser in one calendar year pursuant to this chapter, no registration fee pursuant to chapter 39-13 may be imposed.
Source:
SL 2021, ch 167, § 2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 13A - Distilled Spirits Not In Distribution In State › Section 35-13A-3 - Limit on distilled spirits received from another state for personal use--Resale prohibited--Certain licensee sales allowed--Violation a misdemeanor--Department of Revenue to promulgate rules.

35-13A-3. Limit on distilled spirits received from another state for personal use--Resale prohibited--Certain licensee sales allowed--Violation a misdemeanor--Department of Revenue to promulgate rules.
No person may receive for personal use more than three cases of distilled spirits, containing no more than nine liters per case, in any calendar year from another state under this chapter. No person who receives distilled spirits under this chapter may resell any of the distilled spirits. However, if the delivery of the distilled spirits does not result in a completed sale to the person who placed the original order, the licensee may sell the distilled spirits in the ordinary course of business. It is a Class 2 misdemeanor for any person to receive more than three cases of distilled spirits during a calendar year in violation of this chapter. It is a Class 2 misdemeanor for any person to resell or attempt to resell any distilled spirits obtained pursuant to this chapter. The Department of Revenue shall promulgate rules, pursuant to chapter 1-26, to provide for the reporting and tracking of information related to the sale of distilled spirits under this chapter and to prescribe forms for the implementation of this chapter.
Source:
SL 2021, ch 167, § 3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-1 - Definitions.

35-14-1. Definitions.
Terms used in this chapter:
(1)"Cider manufacturer," any manufacturer located in this state producing cider, as defined in §35-1-1, that is not a microcidery;
(2)"Microcidery," any manufacturer located in this state producing cider, as defined in §35-1-1, in a total quantity not in excess of twelve thousand barrels within a calendar year.
Source:
SL 2018, ch 223, §16.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-2 - Classes of licenses.

35-14-2. Classes of licenses.
The classes of licenses, with the fee of each class, are as follows:
(1)Cider manufacturer--two thousand five hundred dollars; and
(2)Microcidery--five hundred dollars.
Source:
SL 2018, ch 223, §17.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-3 - Application of title.

35-14-3. Application of title.
Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter.
Source:
SL 2018, ch 223, §18.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-4 - Excise tax.

35-14-4. Excise tax.
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter, an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5.
Source:
SL 2018, ch 223, §19.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-5 - Permitted sales by microcidery--Limitation.

35-14-5. Permitted sales by microcidery--Limitation.
A licensed microcidery may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed microcidery may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages. A licensed microcidery may sell alcoholic beverages to any licensed artisan distiller, farm winery, microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process. A licensed microcidery may sell up to six hundred barrels of alcoholic beverages produced by the licensee within a calendar year to retailers authorized to receive the alcoholic beverages.
The barrel limit in this section does not apply to any sales made to special event retailers licensed pursuant to §35-4-124 and served by employees of the microcidery or to any transfer of alcoholic beverages between a licensed microcidery and any additional locations authorized pursuant to §35-14-7.
The quantity of alcoholic beverages sold pursuant to this section may not exceed the total production limits for the license as specified in §35-14-1.
Source:
SL 2018, ch 223, §20.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-6 - Permitted licenses for microcidery.

35-14-6. Permitted licenses for microcidery.
A licensed microcidery may hold on the licensed premises an artisan distiller license, a farm winery license, or a microbrewery license. A licensed microcidery may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).
Source:
SL 2018, ch 223, §21.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-7 - Additional locations of microcidery--Limitation.

35-14-7. Additional locations of microcidery--Limitation.
A licensed microcidery may operate up to five additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the total production limits for the license as specified in §35-14-1. Any additional license issued pursuant to this section has the privileges of the original license as specified in §§35-14-5 and 35-14-6.
Source:
SL 2018, ch 223, §22.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-8 - Permitted sales by cider manufacturer.

35-14-8. Permitted sales by cider manufacturer.
A licensed cider manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed cider manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.
Source:
SL 2018, ch 223, §23.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-9 - Registration of labels.

35-14-9. Registration of labels.
The holder of any license issued under this chapter, shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.
Source:
SL 2018, ch 223, §24.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 14 - Cider Manufacturers And Microcideries › Section 35-14-10 - Promulgation of rules .

35-14-10. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and procedures for obtaining a license pursuant to this chapter, and procedures for collecting the excise taxes pertaining to the licenses.
Source:
SL 2018, ch 223, §25.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-1 - Definitions.

35-15-1. Definitions.
Terms used in this chapter mean:
(1)"Malt beverage manufacturer," any manufacturer located in this state producing malt beverages, as defined in §35-1-1, that is not a microbrewery;
(2)"Microbrewery," any manufacturer located in this state producing malt beverages, as defined in §35-1-1, in a total quantity not in excess of thirty thousand barrels within a calendar year.
Source:
SL 2018, ch 224, §1.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-2 - Classes of licenses.

35-15-2. Classes of licenses.
The classes of licenses, with the fee of each class, are as follows:
(1)Malt beverage manufacturer--two thousand five hundred dollars; and
(2)Microbrewery--five hundred dollars.
Source:
SL 2018, ch 224, §2.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-3 - Application of title.

35-15-3. Application of title.
Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter.
Source:
SL 2018, ch 224, §3.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-4 - Excise tax.

35-15-4. Excise tax.
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5.
Source:
SL 2018, ch 224, §4.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-5 - Permitted sales by microbrewery--Limitation.

35-15-5. Permitted sales by microbrewery--Limitation.
A licensed microbrewery may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed microbrewery may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages. A licensed microbrewery may sell alcoholic beverages to any licensed artisan distiller, farm winery, microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process. A licensed microbrewery may sell up to one thousand five hundred barrels of alcoholic beverages produced by the licensee within a calendar year to retailers authorized to receive the alcoholic beverages.
The barrel limit in this section does not apply to any sales made to special event retailers licensed pursuant to §35-4-124 and served by employees of the microbrewery or to any transfer of alcoholic beverages between a licensed microbrewery and any additional locations authorized pursuant to §35-15-7.
The quantity of alcoholic beverages sold pursuant to this section may not exceed the total production limits for the license as specified in §35-15-1.
Source:
SL 2018, ch 224, §5.
2023 South Dakota Codified Laws › Title 35 - Alcoholic Beverages › Chapter 15 - Malt Beverage Manufacturers And Microbreweries › Section 35-15-6 - Permitted licenses for microbrewery.

35-15-6. Permitted licenses for microbrewery.
A licensed microbrewery may hold on the licensed premises an artisan distiller license, a farm winery license, or a microcidery license. A licensed microbrewery may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).
Source:
SL 2018, ch 224, §6.