An Act to provide for the sale of vintage distilled spirits to certain on-sale licensees.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 35-4:

A person not licensed under this chapter may sell a vintage distilled spirit to a person with an on-sale license provided in subdivision 35-4-2(4), in an amount not exceeding twenty-four liters of vintage distilled spirits per on-sale licensee per year.

The sale of a vintage distilled spirit must occur in person on the licensed premises of the on-sale licensee.

For purposes of this chapter, "vintage distilled spirit" means a distilled spirit that has not been in distribution in this state for at least the past five years.

Section 2. That a NEW SECTION be added to chapter 35-4:

Upon purchasing a vintage distilled spirit pursuant to section 1 of this Act, the on-sale licensee shall place a conspicuous label on the vintage distilled spirit containing the words "Vintage Distilled Spirit".

Prior to the sale of the vintage distilled spirit by an on-sale licensee to a consumer, the on-sale licensee shall provide written notice to the Department of Revenue of the purchase of the vintage distilled spirit, containing the:

(1) Name, address, state license number, and phone number of the on-sale licensee;

(2) Name, address, and phone number of the person selling the vintage distilled spirit under section 1 of this Act;

(3) Brand name and quantity of each vintage distilled spirit purchased for resale by the on-sale licensee;

(4) Date of purchase of the vintage distilled spirit by the on-sale licensee; and

(5) Number of liters of vintage distilled spirits the on-sale licensee has previously purchased from the same person and the dates of each purchase.

Section 3. That a NEW SECTION be added to chapter 35-4:

An on-sale licensee may only sell a vintage distilled spirit, purchased pursuant to section 1 of this Act, to a consumer for consumption on the licensed premises.