AN ACT
ENTITLED, An Act to revise certain rule-making authority regarding the sale of certain alcoholic
beverage container sizes to on-sale licensees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-10-1 be amended to read as follows:
35-10-1. The secretary may promulgate rules pursuant to chapter 1-26 concerning the following matters involving the sale, purchase, distribution, and licensing of alcoholic beverages under this title:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-10-1 be amended to read as follows:
35-10-1. The secretary may promulgate rules pursuant to chapter 1-26 concerning the following matters involving the sale, purchase, distribution, and licensing of alcoholic beverages under this title:
(1) The marking of bottles, cans, and other containers of alcoholic beverages so as to show
the quantity of alcohol by weight and contents of the container;
(2) The invoicing of alcoholic beverages to licensees;
(3) Advertising and the offering of inducements by manufacturers and wholesalers to retailers
or retailers to the consumer and may adopt the uniform code on advertising in whole or
in part;
(4) The giving of samples by manufacturer, distiller, wholesaler, and solicitor licensees;
(5) The conduct of hearings for the suspension or revocation of licenses;
(6) The prohibition of discriminatory or unfair practices and the preclusion of subterfuges for
the accomplishment of such discrimination, including but not limited to, the filing and
amendment of price schedules, preservation and conformity to price schedules, limitation
of quantity discounts, extensions of credit by manufacturers or wholesalers to retail
licensees, prohibiting cash discounts, commercial bribery, prescribing certain types of
advertising specialties as being allowable, prohibiting unfair trade practices, requiring sale
and delivery in its entirety, prohibiting participation in a violation by any class licensee
or foreign dealer, prescribing periods of audit of licensees, limiting advertising that has
a utility value to the retailers, prescribing rules for the miscellaneous disposition of liquor
as gifts by manufacturers and wholesalers or breakage claimed by manufacturers or
wholesalers;
(7) The reporting of information by corporations licensed under this title or seeking to be
licensed under this title relating to the full disclosure of corporate information including
stockholders, other licenses held, providing for hearing in the case of voluntary transfer
and requiring report in case of involuntary transfers of stock;
(8) Bottle sizes of alcoholic beverages offered for sale. However, the department may not
place any restrictions upon the distribution of 1.75 liter containers to any on-sale licensee,
licensed pursuant to subdivision 35-4-2(4) or (6);
(9) Requiring licensees to furnish breakdowns and statistical information of various types of
alcoholic beverages sold to consumers or to retail licensees for the consumers' use;
(10) The application, determination, and computation of the tax; and
(11) The determination of purchase price.
An Act to revise certain rule-making authority regarding the sale of certain alcoholic beverage container sizes to on-sale licensees.
An Act to revise certain rule-making authority regarding the sale of certain alcoholic beverage container sizes to on-sale licensees.
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I certify that the attached Act originated in the
SENATE as Bill No. 4
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 4 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
