ARSD Article 64:75 — ALCOHOLIC BEVERAGES

article-64-75ARSD Article 64:75Regulation

Open source

REVENUE REVENUE

Chapter 64:75:01 Definitions and general provisions

ARSD 64:75:01:01 Definitions

Terms used in this article mean:

(1) "Brand," the name commonly used on bottles or other containers and otherwise used to designate the alcoholic beverage sold;

(2) "Broken case lots," alcoholic beverage of a quantity less than a case of any particular brand;

(3) "Case," a carton or similar package containing individual retail containers as packaged by the manufacturer;

(4) "Consumer advertising specialties," can openers, bottle openers, place mats, glasses, coasters, napkins, matches, sacks, serving trays, and similar items containing brand advertising information or logos;

(5) "Department," the Department of Revenue;

(6) "Foreign dealer," any person authorized pursuant to SDCL title 35 or SDCL chapter 39-13 to import, transport or cause to be transported alcoholic beverages into this state for sale to a wholesale licensee;

(7) "Industry member," any manufacturer or wholesaler of alcoholic beverages;

(8) "Involuntary transfer," any sale, assignment, hypothecation, or other transfer of any stock or any interest whatsoever therein, which occurs by operation of law, including any change in ownership or control of such stock or any interest therein, resulting from death of the owner or holder thereof, from any judicial sale, from attachment or other legal process of like nature, from foreclosure of any pledge or other hypothecation, or from any other procedure or means whatsoever not requiring the assent of such owner or holder;

(9) "Person," any individual, firm copartnership, joint adventure, association, limited liability company, corporation, municipal corporation, estate, trust, business trust, receiver, the State of South Dakota and its political subdivisions, or any group or combination acting as a unit;

(10) "Stock," any outstanding stock whatsoever of any corporation, whether such stock is classed as common or preferred and regardless of whether such stock entitled the holder thereof to any voting rights in such corporation;

(11) "Retail consumer," any person purchasing alcoholic beverages from a licensed retailer of alcoholic beverages;

(12) "Tie in sales arrangement," any sale of alcoholic beverages by a wholesaler to a retailer, conditioned upon purchase or order of other alcoholic beverages;

(13) "Voluntary transfer," any sale, assignment, hypothecation, or other transfer of any stock, or any interest whatsoever therein, regardless as to whom the transfer is made, and whether or not such transfer is shown on the records of such corporation, which is other than an involuntary transfer;

(14) "Wholesaler," any person who sells alcoholic beverages to retailers for resale.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 30 SDR 58, effective November 5, 2003; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(1)(5)(7)(8).
  • Law Implemented: SDCL 35-1-1(4)(24), 35-10-1(1)(5)(7)(8).
ARSD 64:75:01:02 Trade name billings

Any invoice for the sale of alcoholic beverages to a retailer shall be in the name that appears on the retail license and include the date of delivery.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(2).
  • Law Implemented: SDCL 35-10-1(2).
ARSD 64:75:01:03 Inspection of records

Each wholesale licensee shall keep and make available to the secretary during regular business hours, business records, including executive and supervisory personnel expense vouchers; sales promotional expense records for each month during the current year; salesmen incentive and contest expenses for each month of the current year, showing the number of salesmen and the amount earned by such salesmen and the amount spent per case on each brand on each incentive or contest; check register; purchase journal; sales journal and credit memoranda; detailed record of disposition of samples, showing samples used on which the alcohol excise tax was paid and samples used on which the alcohol excise tax was not paid; shipping manifests on alcoholic beverages received, sales invoices and ledger accounts; and current financial statements certified by a public accountant.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(9)(10)(11).
  • Law Implemented: SDCL 35-10-1(7)(9)(10)(11).
ARSD 64:75:01:04 Repealed

Maintenance of records.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:01:05 Filing of invoices

Every person shipping alcoholic beverages into this state shall provide to the department a monthly report showing the date of shipment, name and address of both the seller and purchaser, invoice number, total purchase price, and total volume of alcoholic beverages purchased by type.

History

  • Source: SL 1975, ch 16, § 1; 5 SDR 6, effective August 6, 1978; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(2)(9).
  • Law Implemented: SDCL 35-5-20.1.
ARSD 64:75:01:06 Repealed

Wholesaler violations.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:01:07 Repealed

Retailer violations.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:01:08 Repealed

Solicitor violations.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:01:09 Foreign dealer violations

No foreign dealer may, for the purpose of stimulating sales by any wholesaler, either personally or by any employee or agent, commit or participate in any act or conduct forbidden by this article. Violation of any provisions of this article by any foreign dealer constitutes cause for revocation or suspension of any permit or brand label registration held by such foreign dealer under SDCL title 35 or SDCL chapter 39-13.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-10-1(6).

Chapter 64:75:02 Licensing procedures

ARSD 64:75:02:01 Scope of chapter

This chapter applies to any person holding any alcoholic beverage license.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(7).
  • Law Implemented: SDCL 35-10-1(7).
ARSD 64:75:02:02 Voluntary transfer -- Approval required

Voluntary transfer -- Report required.** Any person voluntarily transferring the stock of a corporation holding a license issued pursuant to SDCL title 35 shall notify the department if the stock transfer results in a change of the majority ownership of the corporation. The person shall notify the department using forms prescribed by the department. The notice shall include the name of the owner or holder of such stock, amount of stock involved in the voluntary transfer, and the name and address of each proposed transferee. The secretary shall inform the governing body of the local government responsible for determining the suitability of the alcoholic beverage licensees, pursuant to SDCL 35-2-1.2 and 35-2-6.2.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 32 SDR 58, effective October 25, 2005.
  • General Authority: SDCL 35-10-1(7).
  • Law Implemented: SDCL 35-2-1.2, 35-2-6.2, 35-10-1(7).
ARSD 64:75:02:03 Involuntary transfer -- Report required

Upon learning of an involuntary transfer of its stock, which results in a change in the majority shareholder of the corporation, the corporation shall file with the secretary a report which includes the name of the owner or holder of the stock so transferred, amount of stock involved, name and address of each transferee, and the reason for the involuntary transfer. The secretary shall notify the governing body of the local government responsible for determining the suitability of alcoholic beverage licensees, pursuant to SDCL 35-2-1.2 and 35-2-6.2, of the new majority shareholder of the corporation.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 32 SDR 58, effective October 25, 2005.
  • General Authority: SDCL 35-10-1(7).
  • Law Implemented: SDCL 35-2-1.2, 35-2-6.2, 35-10-1(7).
ARSD 64:75:02:04 Repealed

Violation penalty.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:02:05 Application for future licenses

No alcoholic beverage license may be granted to any corporation unless the application contains, in addition to the requirements of SDCL 35-2-2.1 and any other information required by the secretary, an agreement containing the following language:

"This application and any license issued thereon constitutes a contract between the undersigned corporation and the state of South Dakota. The undersigned corporation shall comply with all provisions whatsoever of §§ 64:75:02:01 to 64:75:02:05, inclusive, of the rules of the secretary of the Department of Revenue. The undersigned expressly agrees that violations of any of the provisions of chapter 64:75:02, or failure to comply therewith, whether by the undersigned corporation or by any stockholder thereof, or by anybody interested in said corporation, constitutes cause for revocation or suspension of any license issued pursuant to this application or for refusal to renew such license upon expiration thereof."

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 30 SDR 58, effective November 5, 2003; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(7), 35-2-10.
  • Law Implemented: SDCL 10-1-14, 35-2-1, 35-2-10.
ARSD 64:75:02:06 Repealed

Application for licenses.** Repealed.

Declaratory Ruling: The Department of Revenue's policy is that the quota for dealers in light wines is in addition to the quotas set by SDCL 35-4-11 and 35-4-11.1 for other on-sale liquor licenses. Secretary of Revenue Declaratory Ruling No. 77-7.

History

  • Source: SL 1975, ch 16, § 1; repealed, 11 SDR 1, effective July 19, 1984.
ARSD 64:75:02:07 Manufacturing license required -- TTB permit required

64 : 75 : 02 : 07 . Manufacturing license required -- TTB permit required. Prior to the issuance of a manufacturing license issued pursuant to SDCL chapters 35-12, 35-13, 35-14, 35-15, or 35-16, the applicant shall provide the secretary with the applicant's current Alcohol and Tobacco Tax and Trade Bureau permit authorizing alcohol manufacturing at the location described on the application for license.

History

  • Source: 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-12-22, 35-16-7, 35-15-10, 35-13-24, 35-14-10.
  • Law Implemented: SDCL 35-12-22, 35-16-7, 35-15-10, 35-13-24, 35-14-10.
ARSD 64:75:02:08 Farm wineries and wine manufacturers -- TTB report required

64 : 75 : 02 : 08 . Farm wineries and wine manufacturers -- TTB report required. Prior to the renewal of a license issued pursuant to SDCL chapter 35-12 or 35-16, the applicant shall provide the secretary with all of the applicant's Alcohol and Tobacco Tax and Trade Bureau wine premises operations reports for the previous twelve-month period.

History

  • Source: 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-12-22, 35-16-7.
  • Law Implemented: SDCL 35-12-22, 35-16-7.

Chapter 64:75:03 Unfair practices

ARSD 64:75:03:01 Price schedule required for sales

Price schedule required for sales** . No licensed wholesaler may sell, offer for sale, solicit orders, or advertise any alcoholic beverages unless the wholesaler's price schedule currently in effect lists that alcoholic beverage.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(1)(2)(4)(6).
  • Law Implemented: SDCL 35-4-52.
ARSD 64:75:03:02 Maintenance of price schedule

Maintenance o** f price schedule. Each wholesaler must maintain a price schedule for all alcoholic beverages available for sale by the wholesaler, subject to public inspection during regular business hours. The wholesaler shall preserve price schedules for a minimum of three years.

History

  • Source: SL 1975, ch 16, § 1; 3 SDR 10, effective September 1, 1976; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-4-52, 35-10-1(6).
ARSD 64:75:03:03 Price schedule contents

P** rice schedule contents . The price schedule shall at minimum identify the date and time the schedule was produced, and every product for sale, identified by brand and brand segment if applicable. For each product listed, the wholesaler must provide the case or unit price, number of bottles or containers per case or unit, and container or bottle volume. Any alcoholic beverages sold in broken case lots must be listed, providing price per bottle or container.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(6)(11).
  • Law Implemented: SDCL 35-10-1(6)(11).
ARSD 64:75:03:04 Effective date -- price changes

A wholesaler may amend its price schedule at any time. Any time a wholesaler amends a price of one of its products, it must produce and preserve a new price schedule. Any amended price must remain in effect for at least ten days unless the continuation of the amended price would violate SDCL 35-4-129.

History

  • Source: SL 1975, ch 16, § 1; 11 SDR 1, effective July 19, 1984; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-4-52, 35-10-1(6)(11).
ARSD 64:75:03:05 Repealed

Discontinued merchandise.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
ARSD 64:75:03:06 Repealed

New merchandise.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
ARSD 64:75:03:07 Repealed

Effective date.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019
ARSD 64:75:03:08 Repealed

New licensees.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
ARSD 64:75:03:09 Repealed

Preservation of price schedules -- Public record.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
ARSD 64:75:03:10 Conformity to price schedule

In all sales of alcoholic beverages to retailers, each wholesaler shall conform strictly to the prices set forth in the wholesaler's price schedule and effective amendments thereto. No wholesaler may make sales to retailers at a greater or lesser price than as specified in the price schedule.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995.
  • General Authority: SDCL 35-10-1.
  • Law Implemented: SDCL 35-4-52, 35-10-1(6).
ARSD 64:75:03:11 Repealed

Use of suggested price list.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
ARSD 64:75:03:12 Suggested resale prices not required

No wholesaler may state or infer that suggested resale prices are required either by state or federal law or by any rule of the department.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995.
  • General Authority: SDCL 35-10-1.
  • Law Implemented: SDCL 35-4-52, 35-10-1(6).
ARSD 64:75:03:13 Repealed

Maintenance of price filings.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 5 SDR 60, effective January 25, 1979; 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective January 10, 1988; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:03:14 Repealed

Breakage.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:03:15 Repealed

Breakage claims.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 5 SDR 60, effective January 25, 1979; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

Chapter 64:75:04 Interpretive rules

ARSD 64:75:04:01 Invoice required

Every sale of alcoholic beverages shall be recorded by the wholesaler on an invoice containing the name of the wholesaler, the name of the retailer licensee, date of sale, quantity of alcoholic beverages sold, price of alcoholic beverages sold, brand, size of container, and date of delivery.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(2)(6)(11).
  • Law Implemented: SDCL 35-4-52.
ARSD 64:75:04:02 Wholesale payment terms -- malt beverage exception

No wholesaler may offer a retailer payment terms that provide a payment period in excess of 30 days from delivery of the alcoholic beverages. The delivery date of the alcoholic beverages is the first day of the 30-day payment period.

Notwithstanding other provisions in this section, malt beverages must be paid for upon sale and delivery. Acceptable payment methods are United States currency, a correctly dated check payable at the bank upon presentation on the next banking day, or an electronic funds transfer. In addition to the purchase price of the malt beverages, retailers shall pay to the wholesaler not less than the brewery cost of any redeemable containers used. The requirement for payment upon sale and delivery does not apply to municipally operated establishments or establishments operating pursuant to SDCL 35-4-19 and SDCL 35-4-2l to 35-4-23, inclusive, if the municipality retains the obligation to make payment for the malt beverages directly to a wholesaler.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(6)(11).
  • Law Implemented: SDCL 35-4-52, 35-10-1(6)(11).
ARSD 64:75:04:03 Retail delinquency

A retailer who has not remitted payment within the 30-day payment period is delinquent. Payment remitted in the mail must be received by the wholesaler within the payment period or postmarked within the 30-day payment period to be considered timely. Any insufficient funds check received as payment for a retail account is considered delinquent. Any form of payment otherwise unsuccessful or dishonored is considered delinquent.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-4-52.
ARSD 64:75:04:04 Notice of delinquency

Following the expiration of the payment period or upon determination of the delinquency, a wholesaler shall provide written notice of the delinquency to the retail dealer. The written notice of delinquency may be delivered by U.S. mail, using electronic means, or in person to the retail establishment. The written notice of delinquency must state at a minimum the amount due, the delivery date, and the date the account became delinquent.

The notice shall also include the following language: ''If this delinquency is not resolved within five days of the date of this notice, it will be reported to the Department of Revenue. Be advised, delinquent retailers are prohibited from purchasing alcoholic beverages from any wholesaler until any delinquency is resolved and cleared from the records of the Department."

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-10-1(6).
ARSD 64:75:04:05 Disputed delinquency

Disputed** delinquency. A retailer that receives a notice of delinquency may dispute the delinquency to the wholesaler. The retailer must dispute the delinquency within five days of the date of the notice. Any dispute raised by a retailer after this period will not prevent the wholesaler from reporting the delinquency to the department.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-2-10, 35-4-52.
ARSD 64:75:04:05.01 Sales to delinquent retailers prohibited

64 : 75 : 04 : 05.01 . Sales to delinquent retailers prohibited. Wholesalers shall notify the department of a retail delinquency following the deadline to dispute the delinquency. The wholesaler shall provide the department a copy of the delinquency notice and method of delivery. No wholesaler may sell alcoholic beverages to a retailer who is delinquent.

History

  • Source: 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-4-52, 35-10-1(6).
ARSD 64:75:04:05.02 Notice of satisfaction

64 : 75 : 04 : 05.02 . Notice of satisfaction. Any wholesaler who has reported a retail delinquency shall notify the department within 48 hours of resolution of that delinquency.

History

  • Source: 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-4-52, 35-10-1(6).
ARSD 64:75:04:06 Granting financial assistance to licensees

Any extension or acceptance of credit in violation of this chapter is regarded as giving and receiving financial assistance, and the licenses of both the wholesaler and retailer involved in the violation may be suspended or revoked, as determined by the secretary. It is a violation of this section for any wholesaler to accept a postdated check, note, or memorandum, or to participate in any scheme, trick, or device to assist any retail dealer.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-2-10, 35-4-52, 35-10-1(6).
ARSD 64:75:04:07 Repealed

Charging off of bad debts.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:04:08 Repealed

Discounts forbidden.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:04:09 Commercial bribery

Except as otherwise provided, no industry member may induce or seek to induce any retailer to purchase alcoholic beverages by offering or giving to the retailer, or to any officer, employee, or representative of the retailer, a bonus, premium, gift, compensation, or any other concession of financial value, whether in money or otherwise. It is a violation of this section for an industry member to make purchases of alcoholic beverages from any retailer as an inducement to order or purchase alcoholic beverages from the industry member.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 32 SDR 58, effective October 25, 2005.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-4-52.
ARSD 64:75:04:10 Alcoholic beverages as samples -- Consumer advertising specialties

It is not a violation of § 64:75:04:09 for a wholesaler to furnish the following to a retailer:

(1) A sample of not more than 750 ml of any brand of alcoholic beverages not previously sold by the wholesaler to the retailer;

(2) A taste sample from a container exceeding 750 ml when neither the container nor its remaining contents are given to the retailer; or

(3) Consumer advertising specialties, when sold to a retailer at no less than the wholesaler's cost for unconditional distribution by the retailer to the public, if the retailer is not paid or credited in any manner for the distribution service.

History

  • Source: SL 1975, ch 16, § 1; 7 SDR 75, effective February 8, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 30 SDR 89, effective December 10, 2003; 31 SDR 214, effective July 6, 2005.
  • General Authority: SDCL 35-10-1(4).
  • Law Implemented: SDCL 35-4-52.
ARSD 64:75:04:11 Repealed

Samples -- Records and reports required.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:04:12 Sale and delivery in entirety

An order for any alcoholic beverage, taken by a wholesaler from a retailer, must be a single transaction in its entirety, with delivery as part of the consummated transaction. If an order is taken during a period when the price of a product is posted down, but the wholesaler does not have sufficient inventory to deliver the product from current stock, then delivery of the product at the post down price shall be made within 30 calendar days of the order date.

This section does not apply to malt beverages and cider.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 30 SDR 89, effective December 10, 2003; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-4-52.
ARSD 64:75:04:13 Advertising

An industry member may not pay or credit retailers for displaying materials or for any expense incidental to its operation. The value of advertising materials and any accessories to the advertising materials shall be computed by including all expenses incurred by the industry member in connection with the purchase, manufacture, and transportation of such materials.

Signs, posters, placards, designs, decorations, or graphic displays bearing advertising matter for use inside a retail establishment may be furnished, given, rented, lent, or sold to a retailer if the materials have no value to the retailer except as advertising. Any item provided under this section may not have a value per single complete item in excess of $350, including installation costs.

A wholesaler or supplier may furnish, give, rent, lend, or sell wine lists or wine menus to retailers only if the wholesaler or supplier includes the names of competing wines if requested by the recipient of the list or menu.

Any consumer advertising specialty or any item having a utility value to the retailer other than as advertising may be sold by an industry member to a retail licensee. The cost of these items may not be less than the industry member's cost.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 7 SDR 75, effective February 8, 1981; 11 SDR 1, effective July 19, 1984; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective January 10, 1988; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-10-1(6).
ARSD 64:75:04:14 Industry relations

The offering of a bonus, premium, gift, compensation, or concession of financial value, whether in money or otherwise, to induce the purchase of an alcoholic beverage is prohibited, except as specifically authorized by SDCL 35-4-130 and this chapter. The terms bonus, premium, gift, compensation, or concession of financial value refer to any article offered to a consumer which is in addition to the immediate container of an alcoholic beverage.

A wholesaler may rotate alcoholic beverages which they sell provided products purchased from other industry members are not altered or disturbed. The setting or resetting of all or part of an alcoholic beverage retail premises is permitted if written notice is given forty-eight hours prior to the set or reset to each wholesaler serving the retailer. Pullups, filling of displays, and rotation is only allowed at the point of order taking or invoicing. Shelf stocking is prohibited.

An industry member may provide to a business licensed to sell alcoholic beverages at retail any type of device, equipment, or item intended to prevent the sale of alcoholic beverages to anyone not legally able to purchase the beverages.

An industry member, for reasonable compensation, may provide to a business licensed to sell alcoholic beverages at retail any type of device or equipment necessary to maintain the integrity of a malt beverage or cider product. The device or equipment may only be provided to the business for a maximum of fifteen days in a calendar year. Providing tap wagons or draft trailers is specifically prohibited.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 7 SDR 75, effective February 8, 1981; 11 SDR 1, effective July 19, 1984; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective January 10, 1988; 21 SDR 219, effective July 1, 1995; 30 SDR 89, effective December 10, 2003; 31 SDR 214, effective July 6, 2005; 33 SDR 226, effective June 27, 2007; 38 SDR 214, effective June 21, 2012; 45 SDR 83, effective December 18, 2018; 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(3)(6).
  • Law Implemented: SDCL 35-10-1(3)(6).
ARSD 64:75:04:14.01 Retail consumer rebate programs

64 : 75 : 04 : 14.01 . Retail consumer rebate programs. Notwithstanding the provisions of § 64:75:04:14, manufacturers may offer rebates to retail consumers. The rebate terms shall provide for consumer redemption of the rebate between the manufacturer and retail consumer only. The retailer may not act as the intermediary for the manufacturer or the consumer. The rebate program proceeds may not exceed $36. The rebate may apply to any container size or combination of containers, but may not apply to more than one case.

History

  • Source: 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(3)(6)(11).
  • Law Implemented: SDCL 35-2-10.
ARSD 64:75:04:14.02 Retail loyalty and reward programs

64 : 75 : 04 : 14.02 . Retail loyalty and reward programs. Retailers may offer loyalty and reward programs to retail consumers. These programs are not permitted for manufacturers or wholesalers of alcoholic beverages. All costs and expenses related to retail loyalty and reward programs shall be borne entirely by the retailer. Any redemption of loyalty or reward program benefits or proceeds shall comply with the provisions of SDCL 35-4-129.

History

  • Source: 46 SDR 11, effective July 30, 2019.
  • General Authority: SDCL 35-10-1(3)(6)(11).
  • Law Implemented: SDCL 35-4-130.
ARSD 64:75:04:15 Repealed

Shelf pricing.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 4 SDR 35, effective December 22, 1977.
ARSD 64:75:04:16 Repealed

Trade names.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; repealed, 7 SDR 75, effective February 8, 1981.
ARSD 64:75:04:17 Miscellaneous disposition of alcoholic beverages

Miscellaneous disposition of** alcoholic beverages . Except for stock withdrawals by officers of wholesale licensees for their personal use and consumption and samples of pints of alcoholic beverages not previously sold by a wholesaler to a retailer as authorized in § 64:75:04:10, no wholesaler may dispose of alcoholic beverages other than by bona fide sale. No alcoholic beverages may be disposed of by gift except as samples specifically authorized or for use in trade or business meetings of licensed wholesalers or retailers. Except as provided in SDCL 35-2-6.10, no alcoholic beverages may be given by a wholesaler to any groups, associations, or conventions for use in contests, for prizes, or other activity.

Each wholesaler must keep an accurate and complete record of all alcoholic beverages disposed of. Records must show each item of alcoholic beverages disposed of, the date of the disposition, and the name and address of the recipient. All accounts and records required by this section shall be kept by wholesalers as permanent records, subject to audit.

Notwithstanding any other provision of this article, the secretary may authorize the special disposition of any alcoholic beverage with an order describing the alcoholic beverage disposed of and any special circumstances relating to the beverage.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(4)(6).
  • Law Implemented: SDCL 35-10-1(4)(6).
ARSD 64:75:04:18 New placement items -- Special marking required

A wholesaler may furnish or give any sample of alcoholic beverages pursuant to subdivision 64:75:04:10(1) to a retail licensee if the sample has stamped thereon or securely affixed to its brand label, in a space not less than one-half inch by two inches of clear and legible type, the words: "Sample--Not for sale. The alcohol excise tax has not been paid on this merchandise. Defacing this label by any retail licensee before this container is emptied of its liquid contents is prohibited."

This section does not apply to malt beverages and cider.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(1)(4)(6).
  • Law Implemented: SDCL 35-10-1(1)(4)(6).
ARSD 64:75:04:19 Prohibited without special marking

No industry member may possess at any time any alcoholic beverage to be used as samples on which the alcohol excise tax has not been paid, unless the notation stated in § 64:75:04:18 is conspicuously shown on each container.

This section does not apply to malt beverages and cider.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(1)(4)(6)(10).
  • Law Implemented: SDCL 35-10-1(1)(4)(6)(10).
ARSD 64:75:04:20 Invoicing of samples

Invoices covering merchandise used for samples shall bear the notation. "Samples--Not for sale."

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005.
  • General Authority: SDCL 35-10-1(1)(4).
  • Law Implemented: SDCL 35-10-1(1)(4).
ARSD 64:75:04:21 Authorized bottle and container sizes

Any manufacturer or wholesaler licensee may offer alcoholic beverages for sale to any licensee in any size bottle or container that is offered by an industry member.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 4 SDR 35, effective December 22, 1977; 11 SDR 1, effective July 19, 1984; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 16 SDR 76, effective November 1, 1989; 17 SDR 4, effective July 18, 1990; 21 SDR 219, effective July 1, 1995; 22 SDR 166, effective June 5, 1996; 31 SDR 214, effective July 6, 2005; 37 SDR 69, effective October 19, 2010; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(1)(8).
  • Law Implemented: SDCL 35-10-1(8).
ARSD 64:75:04:22 Repealed

Broken lot cases prohibited.** Repealed.

History

  • Source: 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:04:23 Drop shipment to retailers

Wholesalers may make drop shipments invoiced to a licensed retailer at the location of another licensed retailer under the following provisions:

(1) The licensed retailers and wholesaler concerned must sign a mutual "drop shipment agreement" approved by the department;

(2) The licensed retailer requesting drop shipment privileges must obtain and hold an alcoholic beverage transporter's license during the term of the agreement; and

(3) Each wholesaler shall identify each drop shipment invoice by adding to the usual invoice issued to a retailer the name, address, and license number of the licensed retailer receiving the drop shipment.

This section does not apply to malt beverages and cider.

History

  • Source: 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 30 SDR 58, effective November 5, 2003; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(2)(6).
  • Law Implemented: SDCL 10-1-14, 35-10-1(6).
ARSD 64:75:04:24 Group wine tasting

The offering of wine by a licensed wholesaler to consumers and alcoholic beverage licensees is permitted if the offering complies with the following requirements:

(1) The tasting is held in a public place open to and customarily used by the general public and licensed for the sale of wine;

(2) All alcohol excise and sales taxes are paid on any alcoholic beverage before it is distributed at the tasting;

(3) All beverages offered for tasting are purchased by a licensed wholesaler from the licensee upon whose premises the tasting is held at a price not less than cost and freight to the licensee; and

(4) The offering is made at no charge to the consumer.

If the licensee upon whose premises the tasting is held does not wish to place the wines provided for the tasting in the inventory for resale, then any wines shipped to that licensee for the purpose of the tasting may be returned to the wholesaler who originally provided the wines. The furnishing of incidentals such as crackers, cheese, and fruit to be used by the participants to distinguish wines is permitted. However, the furnishing of other food items or tangible personal property is prohibited as an inducement to purchase alcoholic beverages.

History

  • Source: 7 SDR 75, effective February 8, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(3)(4).
  • Law Implemented: SDCL 35-4-52, 35-10-1(3)(4).
ARSD 64:75:04:25 Claim of loss by wholesalers

64 : 75 : 04 : 25 . Claim of loss by wholesalers. Any wholesaler who sustains a loss of stock due to breakage, spoilage, or any other cause which would render the wholesaler's stock unfit for resale and on which any alcohol taxes were paid shall report the loss monthly on a form approved or prescribed by the secretary. Each wholesaler shall report the date and cause of loss, total volume of alcoholic beverages lost by type, and total purchase price of alcoholic beverages lost by type. Any wholesaler who has filed loss claims may not dispose of the stock until an agent of the department has had an opportunity to audit the loss claim.

If the claim of loss is made by a retailer to a wholesaler, the claim shall be made within one week of receipt of the broken or damaged stock.

History

  • Source: 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-5-10, 35-10-1(10).
  • Law Implemented: SDCL 35-5-10, 35-10-1(10).
ARSD 64:75:04:26 Exchange of products

64 : 75 : 04 : 26 . Exchange of products. Licensed wholesalers may exchange for fresher products stale or outdated products or products in damaged or deteriorated containers previously sold to a retail licensee. The exchange may be based only on a brand product for brand product and size for size substitution. Nothing in this section requires a wholesaler to redeem or exchange such products from a retail licensee.

History

  • Source: 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(6).
  • Law Implemented: SDCL 35-10-1(6).

Chapter 64:75:05 Alcohol taxes

ARSD 64:75:05:01 Repealed

Occupational tax rates.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:05:02 Repealed

Computation of occupational taxes.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:05:03 Repealed

Tax on fraction of gallon.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:05:04 Wholesaler's joint purchasing

If two or more wholesale licensees, who purchase or import alcoholic beverages of any class on a joint purchase venture, and the purchase is consigned to and received by a specific wholesaler as the original or prime wholesaler, the consignee is liable for any applicable alcohol taxes.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(10).
  • Law Implemented: SDCL 35-5-10.
ARSD 64:75:05:05 In-state purchases by wholesaler

A wholesale licensee who purchases any class of alcoholic beverage from another in-state licensed wholesaler, whether the purchase constitutes a joint purchase venture, shall reimburse the original wholesaler any applicable alcohol taxes due on the purchase.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(10).
  • Law Implemented: SDCL 35-5-10.
ARSD 64:75:05:06 Repealed

Monthly alcoholic beverage tax report.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:05:07 Repealed

Home production of wines.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:05:08 Purchase price defined

For the purposes of the tax imposed by SDCL 35-5-6.1, purchase price means the total price, valued in money, paid or to be paid for alcoholic beverages F.O.B. point of origin. Freight charges paid by the purchaser after title to the alcoholic beverages passes to the purchaser are not a part of the purchase price.

History

  • Source: 5 SDR 6, effective August 6, 1978; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(10).
  • Law Implemented: SDCL 35-5-6.1.
ARSD 64:75:05:09 Computation of volume for alcohol excise tax

64 : 75 : 05 : 09 . Computation of volume for alcohol excise tax. For purposes of the alcohol excise tax, the computation of volume shall be rounded to the nearest hundredth decimal place.

History

  • Source: 45 SDR 83, effective December 18, 2018.
  • General Authority: SDCL 35-10-1(10).
  • Law Implemented: SDCL 35-10-1(10).

Chapter 64:75:06 Malt beverages -- Interpretive rules, Repealed

ARSD 64:75:06:01 Repealed

Labels to show content of alcohol.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 5 SDR 60, effective January 25, 1979; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 19 SDR 42, effective September 29, 1992.
ARSD 64:75:06:02 Repealed

Classification of malt beverage sales.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:06:03 Repealed

Keg and barrel labels.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 5 SDR 60, effective January 25, 1979; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:06:04 Repealed

Claim of loss by malt beverage wholesalers.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:06:05 Repealed

Disposal of unsaleable stock.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:06:06 Repealed

Authorized barrel sizes.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:06:07 Repealed

Price advertising of low-point beer.** Repealed.

History

  • Source: 3 SDR 37, effective November 17, 1976; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:06:08 Repealed

Exchange of malt beverage products.** Repealed.

History

  • Source: 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 45 SDR 83, effective December 18, 2018.

Chapter 64:75:07 Malt beverages -- Occupational taxes, Repealed

ARSD 64:75:07:01 Repealed

Computation of occupational taxes.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:07:02 Repealed

Monthly malt beverage tax report.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.

Chapter 64:75:08 Malt beverages -- Unfair practices, Repealed

ARSD 64:75:08:01 Repealed

Sale for cash.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 19 SDR 42, effective September 29, 1992; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:02 Repealed

Gifts or loans to retailers prohibited -- Interest in retail business prohibited -- Exceptions.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 33 SDR 226, effective June 27, 2007; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:03 Repealed

Advertising.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 7 SDR 75, effective February 8, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:04 Repealed

Retailer participation in violation.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:05 Repealed

Sale of consumer advertising specialties to retailer.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:06 Repealed

Payment by check.** Repealed.

History

  • Source: 2 SDR 2, effective July 17, 1975; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 31 SDR 214, effective July 6, 2005.
ARSD 64:75:08:07 Repealed

Insufficient funds check.** Repealed.

History

  • Source: 2 SDR 2, effective July 17, 1975; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:08 Repealed

Retail delinquency.** Repealed.

History

  • Source: 2 SDR 2, effective July 17, 1975; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:09 Repealed

Financial assistance to licensee.** Repealed.

History

  • Source: 2 SDR 2, effective July 17, 1975; 3 SDR 37, effective November 17, 1976; 4 SDR 35, effective December 22, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:10 Repealed

Certain inducements prohibited.** Repealed.

History

  • Source: 31 SDR 214, effective July 6, 2005; 38 SDR 214, effective June 21, 2012; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:11 Repealed

Commercial bribery.** Repealed.

History

  • Source: 32 SDR 58, effective October 25, 2005; 45 SDR 83, effective December 18, 2018.
ARSD 64:75:08:12 Repealed

Conformity to price schedule.** Repealed.

History

  • Source: 37 SDR 69, effective October 19, 2010; 46 SDR 11, effective July 30, 2019.
ARSD 64:75:08:13 Repealed

Maintenance of price schedule.** Repealed.

History

  • Source: 37 SDR 69, effective October 19, 2010; 46 SDR 11, effective July 30, 2019.

Chapter 64:75:09 Age restrictions -- Interpretive rules, Repealed

ARSD 64:75:09 Repealed chapter

CHAPTER 64:75:09

AGE RESTRICTIONS -- INTERPRETIVE RULES

(Repealed. 4 SDR 35, effective December 22, 1977)

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.