1272ta

___________________ moved that HB 1272 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 35-1 be amended by adding thereto a NEW SECTION to read as follows:

     Except as provided in section 4 of this Act, no person properly licensed to sell alcoholic beverages may knowingly or intentionally ship, or cause to be shipped, wine from an out-of-state location directly to a person in this state who is not a wholesaler.

     Section 2. That chapter 35-1 be amended by adding thereto a NEW SECTION to read as follows:

     Except as provided in section 4 of this Act, no person in the business of transporting goods may knowingly or intentionally transport wine, from an out-of-state location of a person or entity in the business of selling wine, directly to a person in this state who is not a wholesaler.

     Section 3. That chapter 35-1 be amended by adding thereto a NEW SECTION to read as follows:

     For a first violation of section 1 or section 2 of this Act, the secretary of revenue shall notify the violator by certified mail and order the violator to cease and desist any shipment of wine in violation of section 1 or section 2 of this Act. The second and any subsequent violation of section 1 or section 2 of this Act is a Class 1 misdemeanor.

     Section 4. That chapter 35-1 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding any other provisions of this title, any person twenty-one years of age or older may import into this state not more than two cases of wine, containing a maximum of nine liters per case, in any calendar year for personal use and not for resale from a person as described in section 1 or section 2 of this Act. The shipping container of any wine that is sent into this state under this section shall be clearly labeled to indicate that the package contains alcohol and may not be delivered to a person who is less than twenty-one years of age or to a person who is visibly intoxicated. The shipper shall record on the delivery record the name, address, and date of birth of the person to whom the shipment is delivered from valid identification presented by the person. This section applies only to shipments from states that provide substantial statutory reciprocity. Any person who sells, ships, or delivers wine under this section to any person who is less than twenty-one years of age is guilty of a Class 1 misdemeanor.

     Section 5. That chapter 35-1 be amended by adding thereto a NEW SECTION to read as follows:

     No person may advertise shipments authorized by section 4 of this Act by television, radio, or print media. No shipper located outside South Dakota may advertise such interstate reciprocal wine

shipments in South Dakota. Nothing in this Act impairs the distribution of wine through distributors or importing distributors."