TITLE 35
ALCOHOLIC BEVERAGES
Chapter
01 Definitions And General Provisions
02 Licensing Policies And Procedures
03 Local Option And Municipal Powers
04 Sale Of Beverages
05 Alcohol Excise Tax
06 Sale Of Low-Point Beer [Repealed]
07 Nonintoxicating Beer And Wine Occupational Tax [Repealed]
08 Beer Wholesalers [Repealed]
08A Regulation Of Beer Industry Business Relationships
09 Age Requirements For Consumption Of Beverages
10 Enforcement Powers And Procedures
11 Liability For Injuries By Intoxicated Persons
12 Farm Wineries
12A Interstate Wine Shipment
12B Direct Shipments Of Wine
13 Distillers And Artisan Distillers
13A Distilled Spirits Not In Distribution In State
14 Cider Manufacturers And Microcideries
15 Malt Beverage Manufacturers And Microbreweries
16 Wine Manufacturers
CHAPTER 35-1
DEFINITIONS AND GENERAL PROVISIONS
35-1-1 Definition of terms.
35-1-1.1 Licensee includes municipal operating agreement holder--Number of agreements limited.
35-1-2 Secretary of revenue to administer title--Employment of personnel--Equipment and supplies.
35-1-3 Certain revenue department employees prohibited from engaging in alcoholic beverage business.
35-1-4 Traffic in alcoholic beverages prohibited except as authorized by title.
35-1-4.1 Dispenser permitted to transport or store alcoholic beverage.
35-1-5 Unlicensed business prohibited--Violation as misdemeanor.
35-1-5.1 Bottle clubs prohibited.
35-1-5.2 35-1-5.2. Repealed by SL 2010, ch 180, § 4.
35-1-5.3 Consumption of distilled spirits in public place as misdemeanor--Exceptions.
35-1-5.4 Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business.
35-1-5.5 Permit for consumption of alcoholic beverage on property owned by public or nonprofit corporation.
35-1-5.6 Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions.
35-1-5.7 Corkage fee for wine supplied by customer--Removal of partially consumed, sealed bottle of wine--Storage of wine supplied by customer.
35-1-5.8 Carrier may permit passenger to consume alcoholic beverage aboard vehicle.
35-1-5.9 Commercial storage of wine--Authorization.
35-1-6 35-1-6. Repealed by SL 1971, ch 211, § 121.
35-1-7 False statement in application or report as felony.
35-1-8 Sale or delivery of beverages for resale prohibited except as authorized.
35-1-8.1 Sacramental wines exempt.
35-1-9 Storage of beverages restricted to licensed premises--Exception.
35-1-9.1 Consumption or possession of alcoholic beverage in vehicle a misdemeanor--Exceptions.
35-1-9.2 35-1-9.2. Repealed by SL 2018, ch 213, § 8.
35-1-9.3 Certain situations not in violation of § 35-1-9.1.
35-1-9.4 Carry out of partially consumed, sealed bottle of wine permitted under certain circumstances.
35-1-10 35-1-10, 35-1-11. Repealed by SL 2010, ch 180, §§ 5, 6.
35-1-12 Kegs of malt beverage--Retail sale--Records.
35-1-13 Sale, purchase, possession, or use of alcohol without liquid device prohibited--Exceptions--Violation as misdemeanor.
35-1-14 Production and storage of alcoholic beverages--Postsecondary institutions--Purposes--Exemptions--Prohibitions.
CHAPTER 35-2
LICENSING POLICIES AND PROCEDURES
35-2-1 License application--Contents.
35-2-1.1 Applications submitted to secretary--Approval if suitable.
35-2-1.2 Applications submitted to local governing body--Fee--Approval or disapproval.
35-2-2 Fees.
35-2-2.1 Agreement by license applicant granting access to premises and records.
35-2-3 Hearing required before issuance of retail license.
35-2-4 Request for notice of hearing on retail license application--Notice by mail required.
35-2-5 Time and place of hearing on retail license--Publication of notice.
35-2-5.1 Return of application disapproved by local governing body--Waiting period before new application.
35-2-5.2 Approval of application by local governing body--Approval by secretary required--Deposit of fees.
35-2-5.3 Local licensing authority--Denying reissuance of on-sale license not actively used.
35-2-6 35-2-6. Repealed by SL 1971, ch 211, § 121.
35-2-6.1 State educational institutions--License to operate on campus prohibited--Exceptions.
35-2-6.2 Character requirements for licensees.
35-2-6.3 Ownership or lease of premises required of licensees--Ownership of business.
35-2-6.4 Manufacturers and wholesalers prohibited from engaging in retail business--Violation as misdemeanor.
35-2-6.5 35-2-6.5. Repealed by SL 2010, ch 180, § 12.
35-2-6.6 35-2-6.6, 35-2-6.7. Repealed by SL 2018, ch 213, §§ 25, 26.
35-2-6.8 Manufacturers and wholesalers permitted to pour or serve at certain events.
35-2-6.9 Manufacturers and wholesalers permitted to enter into sponsorship or advertising agreement with certain retailers.
35-2-6.10 Manufacturers and wholesalers permitted to donate beverages to certain licensees.
35-2-7 Transfer of licenses--Affidavit as to bulk sale--Payment of taxes--Facts shown as to new location--Procedure and fee.
35-2-8 Continuation of business by representative of deceased licensee--Responsibility of representative--Bonds continued.
35-2-9 Sale of stock in trade on termination of license.
35-2-10 Violation as ground for revocation or suspension of license--Multiple licenses.
35-2-10.1 Conditions under which license may not be revoked or suspended for sale to persons under twenty-one--Penalty.
35-2-10.2 Directory of training programs to be maintained on department website--Burden to show attendance for penalty reduction.
35-2-10.3 Compliance checks of prohibited alcohol sales to persons under age twenty-one.
35-2-11 35-2-11. Repealed by SL 1971, ch 211, § 121.
35-2-11.1 Recommendation by local governing body for suspension or revocation of license--Grounds--Action by secretary.
35-2-11.2 Notice of hearing prior to local governing body's recommendation of suspension or revocation.
35-2-12 Investigation--Revocation or suspension proceedings.
35-2-13 Right to hearing on action on application or license.
35-2-14 35-2-14 to 35-2-18. Repealed by SL 1971, ch 211, § 121.
35-2-19 Termination of rights after revocation of license.
35-2-20 Waiting period for new license after revocation--Application by relatives or employees.
35-2-21 Suspension in lieu of revocation of license--Maximum period--Compromise settlement.
35-2-22 35-2-22, 35-2-23. Repealed by SL 1971, ch 211, § 121.
35-2-24 Requirements for reissuance of license.
35-2-25 Sales or use tax licenses.
35-2-26 Licensees or employees charged with certain felonies may be prohibited from licensed premises.
35-3-1
Police power of municipality--Territorial jurisdiction.
35-3-2 to 35-3-5. Repealed.
35-3-6
Municipalities and townships to which local option provisions apply.
35-3-7
Questions subject to local option--On-sale licensing--Municipality procuring
license.
35-3-8
Petition for election on local option--Number of signers required--Filing.
35-3-9
Election laws applicable to local option elections.
35-3-10
Form of question on permitting on-sale licenses.
35-3-11
On-sale licenses permitted when approved by voters--Termination of licenses
when disapproved.
35-3-12
Form of questions on procurement of license by municipality.
35-3-13
Procurement of license by municipality when approved by voters--Termination of
other licenses.
35-3-14
Repealed.
35-3-15
Acquisition of stock and equipment from licensee forced out of business by
acquisition of municipal license.
35-3-16
Arbitration of price paid to licensee forced out of business--Maximum price and
inventory.
35-3-17
Repealed.
35-3-18
Municipal establishment supervised by governing body--Establishment of prices.
35-3-19
Receipts from municipal establishment deposited with finance officer--Disbursement of funds.
35-3-20
Purchase invoices for municipal supplies filed with auditor or finance officer--Contents.
35-3-21
Accounting for municipal transactions.
35-3-22
Repealed.
35-3-23
Form of question on renewal of license for municipal business.
35-3-24
Governing body may not apply for renewal if disapproved at election.
35-3-25
Liquidation of municipal business on disapproval by voters.
35-3-26
Waiting period between local option elections.
35-3-27
Refund of license fee on termination of license by local option election.
35-3-28
Credit purchases may be prohibited by lessee of license.
CHAPTER 35-4
SALE OF BEVERAGES
35-4-1 Beverages to which chapter applies.
35-4-2 Classes of licenses enumerated--Fees.
35-4-2.1 35-4-2.1. Repealed by SL 2018, ch 213, § 47.
35-4-2.2 35-4-2.2. Repealed by SL 2008, ch 182, § 2.
35-4-2.3 35-4-2.3. Repealed by SL 2010, ch 180, § 20.
35-4-2.4 Eligibility of municipality for wine, cider, or malt beverage license.
35-4-2.5 35-4-2.5. Repealed by SL 2018, ch 213, § 49.
35-4-2.6 35-4-2.6. Repealed by SL 1990, ch 30, § 9.
35-4-2.7 35-4-2.7. Repealed by SL 2018, ch 213, § 50.
35-4-2.8 Possession of more than one license--Exercise of privileges.
35-4-2.9 35-4-2.9. Repealed by SL 2018, ch 219, § 2.
35-4-2.10 35-4-2.10. Repealed by SL 2009, ch 177, § 8.
35-4-2.11 Distribution of license and transfer fees and penalties.
35-4-2.12 Regulation of alcoholic beverages aboard conveyances.
35-4-3 35-4-3. Repealed by SL 1971, ch 211, § 121.
35-4-4 35-4-4. Repealed by SL 2017, ch 164, § 2.
35-4-4.1 35-4-4.1. Repealed by SL 2018, ch 213, § 53.
35-4-5 35-4-5. Repealed by SL 1971, ch 211, § 121.
35-4-5.1 Manufacturers and retailers may not be granted wholesale license.
35-4-5.2 35-4-5.2 to 35-4-5.4. Repealed by SL 1971, ch 211, § 121.
35-4-5.5 35-4-5.5. Repealed by SL 2010, ch 180, § 24.
35-4-6 Repealed
35-4-7 35-4-7 to 35-4-9. Repealed by SL 1971, ch 211, § 121.
35-4-10 Number of off-sale licenses restricted by population.
35-4-10.1 35-4-10.1. Repealed by SL 1971, ch 211, § 121.
35-4-10.2 Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor.
35-4-10.3 Manufacturers and wholesalers permitted to provide samples on licensed retailer premises.
35-4-11 Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses.
35-4-11.1 Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.
35-4-11.2 Convention facility on-sale licenses issued by municipality or county on behalf of improvement district.
35-4-11.3 35-4-11.3. Repealed by SL 2010, ch 180, § 30.
35-4-11.4 35-4-11.4, 35-4-11.5. Repealed by SL 2010, ch 185, §§ 3, 4.
35-4-11.6 35-4-11.6. Repealed by SL 2018, ch 213, § 61.
35-4-11.7 35-4-11.7, 35-4-11.8. Repealed by SL 2010, ch 185, §§ 5, 6.
35-4-11.9 35-4-11.9, 35-4-11.10. Repealed by SL 2018, ch 219, §§ 3, 4.
35-4-11.11 Additional convention facility licenses authorized.
35-4-11.12 On-sale licenses for improvement districts.
35-4-11.13 Hunting preserve facility on-sale license.
35-4-12 35-4-12. Repealed by SL 1971, ch 211, § 121.
35-4-13 Continuation of on-sale license despite annexation by municipality or county--Exception to restrictions on number of licenses.
35-4-13.1 35-4-13.1. Repealed by SL 2018, ch 213, § 64.
35-4-14 On-sale license for publicly operated airport.
35-4-14.1 On-sale license--Municipal event center or recreation facility--Limitations--Authority to contract.
35-4-14.2 35-4-14.2 to 35-4-14.4. Repealed by SL 2010, ch 185, §§ 7 to 9.
35-4-15 35-4-15 to 35-4-18. Repealed by SL 1971, ch 211, § 121.
35-4-19 Licensed municipalities permitted to issue certain licenses--Operating agreements permitted.
35-4-19.1 Full-service restaurant on-sale license provisions applicable to municipalities and operating agreement holders.
35-4-20 35-4-20. Repealed by SL 1971, ch 211, § 121.
35-4-21 Contents of operating agreements.
35-4-22 Agreement for operation of municipal off-sale establishment.
35-4-22.1 License renewal of off-sale licensee outside of boundaries.
35-4-23 Contents of agreement for operation of municipal off-sale establishment.
35-4-24 35-4-24 to 35-4-40. Repealed by SL 1971, ch 211, § 121.
35-4-41 Duration and expiration of licenses--Full fee charged for part of year.
35-4-42 35-4-42, 35-4-43. Repealed by SL 1971, ch 211, § 121.
35-4-44 35-4-44. Repealed by SL 2018, ch 213, § 71.
35-4-45 Bonded warehouse permitted to store beverages--Additional bond required.
35-4-46 35-4-46. Repealed by SL 2018, ch 213, § 73.
35-4-47 Sources from which wholesalers may receive beverages.
35-4-48 35-4-48. Repealed by SL 2018, ch 213, § 75.
35-4-49 35-4-49. Repealed by SL 2018, ch 224, § 14.
35-4-50 Restrictions on sales by wholesalers.
35-4-51 35-4-51. Repealed by SL 1971, ch 211, § 121.
35-4-52 Prohibited sales practices by manufacturers and wholesalers.
35-4-53 35-4-53 to 35-4-59. Repealed by SL 1971, ch 211, § 121.
35-4-60 Retailers permitted to purchase only from wholesalers.
35-4-60.1 Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler.
35-4-60.2 Purchase from municipality of malt beverages by certain licensees--Price charged.
35-4-60.3 Certain licensees permitted to purchase from wholesalers and retailers.
35-4-61 35-4-61. Repealed by SL 2018, ch 213, § 81.
35-4-62 35-4-62 to 35-4-65. Repealed by SL 1971, ch 211, § 121.
35-4-66 Restrictions on transportation of beverages.
35-4-67 Restrictions on importation of beverages.
35-4-68 35-4-68 to 35-4-70. Repealed by SL 1971, ch 211, § 121.
35-4-71 Sale of alcohol by dispensers restricted.
35-4-72 35-4-72, 35-4-73. Repealed by SL 1971, ch 211, § 121.
35-4-74 Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor.
35-4-75 Service by on-sale licensees restricted to premises--Violation as misdemeanor.
35-4-75.1 35-4-75.1 to 35-4-77. Repealed by SL 1971, ch 211, § 121.
35-4-77.1 Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance.
35-4-78 Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.
35-4-78.1 35-4-78.1 to 35-4-78.4. Repealed by SL 2010, ch 180, §§ 37 to 40.
35-4-79 Persons under twenty-one years old not permitted to loiter on on-sale or off-sale premises or to sell, serve, or consume beverages--Violation as misdemeanor.
35-4-79.1 35-4-79.1, 35-4-79.2. Repealed by SL 2018, ch 213, §§ 87, 89.
35-4-79.3 35-4-79.3. Repealed by SL 2010, ch 183, § 6.
35-4-79.4 Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor.
35-4-80 35-4-80. Repealed by SL 1971, ch 211, § 121.
35-4-81 Restriction by ordinance of sales, service, and consumption on certain days.
35-4-81.1 35-4-81.1. Repealed by SL 2010, ch 183, § 2.
35-4-81.2 Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor.
35-4-82 35-4-82 to 35-4-84. Repealed by SL 1971, ch 211, § 121.
35-4-85 35-4-85. Repealed by SL 2018, ch 213, § 92.
35-4-86 35-4-86. Repealed by SL 2010, ch 180, § 44.
35-4-87 35-4-87, 35-4-88. Repealed by SL 1971, ch 211, § 121.
35-4-89 35-4-89. Repealed by SL 1992, ch 158, § 61.
35-4-90 35-4-90 to 35-4-92. Repealed by SL 1971, ch 211, § 121.
35-4-93 35-4-93. Repealed by SL 2010, ch 180, § 45.
35-4-94 35-4-94 to 35-4-98. Repealed by SL 2018, ch 213, §§ 93 to 97.
35-4-99 Display of health warning sign--Violation as petty offense.
35-4-100 Health warning sign--Contents--Copy provided to licensees.
35-4-101 Minibars authorized in hotels or motels.
35-4-102 Minibars--Beverage sizes--Age limit--Access.
35-4-103 Annual additional license fee for video lottery machines on licensed premises.
35-4-104 35-4-104, 35-4-105. Repealed by SL 2010, ch 185, §§ 10, 11.
35-4-106 License at county or municipal golf course.
35-4-107 Resort facility on-sale license--Resort facility defined--Terms of license--Application.
35-4-108 35-4-108, 35-4-109. Repealed by SL 2010, ch 185, §§ 12, 13.
35-4-110 Definition of terms pertaining to full-service restaurant on-sale licenses.
35-4-111 Full-service restaurant on-sale licenses.
35-4-112 Documentation in support of initial application for full-service restaurant on-sale license.
35-4-113 Renewal of full-service restaurant on-sale license--Annual report.
35-4-114 On-premise consumption required.
35-4-115 Advertisement of full-service restaurant.
35-4-116 Fees for additional on-sale licenses to full-service restaurants.
35-4-117 Price of full-service restaurant on-sale license set at or above current fair market value.
35-4-118 Registry of full-service restaurant on-sale licenses.
35-4-119 Registration that full-service restaurant on-sale license is for sale.
35-4-120 Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal.
35-4-121 35-4-121, 35-4-122. Repealed by SL 2018, ch 213, §§ 103, 104.
35-4-123 County fairground on-sale license.
35-4-124 Special alcoholic beverage licenses--Special events--Duration--Hearing--Local government rules required.
35-4-124.1 Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license.
35-4-125 Application for special alcoholic beverage license--Fee.
35-4-126 35-4-126. Repealed by SL 2018, ch 223, § 26.
35-4-127 Off-sale delivery license.
35-4-128 Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited--Exceptions--Violation as misdemeanor.
35-4-129 Sale of alcoholic beverages below cost prohibited--Exception.
35-4-130 Quantity discounts and cash discounts permitted.
35-5-1
Beverages to which chapter applies.
35-5-2
Alcohol excise tax to be paid by manufacturers and wholesalers.
35-5-3
Amount of tax based on quantities--Diluted beverages.
35-5-3.1
Repealed.
35-5-3.2, 35-5-3.3.
Repealed
.
35-5-4
Repealed.
35-5-5
Repealed.
35-5-6
Beverages exempt from tax.
35-5-6.1
Additional tax on wholesaler's purchases--Administration.
35-5-7
Bond required of licensees--Amount of bond--Deposit in lieu of bond.
35-5-7.1
Cancellation of bond by surety--Revocation of license.
35-5-8, 35-5-9.
Repealed.
35-5-10
Monthly return and payment of tax based on quantity of beverages--Violation
as misdemeanor.
35-5-11, 35-5-12.
Repealed.
35-5-13
Repealed.
35-5-14
Repealed.
35-5-15 to 35-5-18.
Repealed.
35-5-19
Interest and penalty for delinquency in filing return or payment of
tax--Reduction of penalty for reasonable cause--Additional amount added for
false return--Collection and enforcement.
35-5-20
Records and reports required of licensees--Entry and examination on default--Violation as misdemeanor.
35-5-20.1
Reports required on shipments of beverages into state--Violation as
misdemeanor.
35-5-20.2
Repealed.
35-5-21
Repealed.
35-5-21.1
Repealed.
35-5-21.2
Repealed.
35-5-21.3
Repealed.
35-5-22
Distribution to municipalities from alcoholic beverage fund.
35-5-22.1
Entities sharing in municipal distribution.
35-5-22.2
Distribution to counties from alcoholic beverage fund.
35-5-23 to 35-5-24.1.
Repealed.
35-5-25
Payment to township or county of distribution for unincorporated town.
35-5-26
Population used as basis for distribution to unincorporated towns.
35-5-27
Repealed.
35-5-28
Fund balances transferred to general fund.
35-8A-1
Legislative authority and purpose.
35-8A-2
Definitions of terms.
35-8A-3
Distribution contracts--Application of this chapter.
35-8A-4
Prohibited actions by supplier.
35-8A-5
Good cause for termination, cancellation, nonrenewal, discontinuance, or
modification.
35-8A-6
Conditions for terminating, failing to renew, or refusing to continue under an
agreement by supplier--Notice to wholesaler.
35-8A-7
When compensation required from brewer--Reasonable value--Arbitration.
35-8A-8
Brewery may assume wholesaler's business--Time limitation--Brewer as limited
partner with wholesaler.
35-8A-9
Injunctive relief for violation of distribution agreement--Costs and attorney fees--Jurisdiction--Arbitration upon agreement by all parties.
35-8A-10
Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay.
35-8A-11
Distribution agreement binding upon successor.
35-8A-12
Waiver of rights void--Mutually binding agreements or voluntary dispute settlements
not prohibited.
35-8A-13
Unreasonable amendment prohibited.
35-8A-14
Exclusive sales territories--Designated wholesaler.
35-8A-15
Application of chapter.
35-8A-16
Brand defined.
35-8A-17
Brand extension defined.
35-8A-18
Brand extension to be assigned wholesaler granted exclusive sales territory for
preexisting brand--Exemption.
35-8A-19
Future brand extensions to be assigned wholesaler who first had brand.
35-8A-20
Application of certain amended and enacted sections.
35-9-1
Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as
misdemeanor--Civil liability.
35-9-1.1
Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability.
35-9-1.2
Reasonable attempt to investigate age.
35-9-1.3
Sale of alcoholic beverage to underaged person based on false identification
document--Conviction barred.
35-9-1.4
Circumstances under which criminal penalty may not be imposed on licensee for
furnishing alcoholic beverage to underage person.
35-9-1.5
Fine imposed on licensee when sale does not constitute criminal offense.
35-9-1.6
Hearing on liability for furnishing alcoholic beverage to underage person--Amount
of fine.
35-9-2
Purchase, possession, or consumption of beverage by person under twenty-one years
prohibited--Exception--Misrepresentation of age--Violation as misdemeanor.
35-9-2.1
Merchant may detain person under twenty-one who purchases, attempts to purchase
or possesses alcoholic beverage--Conditions.
35-9-2.2
Merchant to post notice if persons illegally attempting to purchase alcoholic
beverages will be detained.
35-9-2.3
Purchase of beverage by adult for person under twenty-one as misdemeanor.
35-9-2.4
Immunity from prosecution for offense arising out of underage consumption for
person who assists person in need of emergency assistance.
35-9-2.5
Immunity from prosecution for offense arising out of underage consumption for
person who reports own need of emergency assistance.
35-9-3
Repealed.
35-9-4
Repealed.
35-9-4.1
Legislative intent and purpose for raising minimum drinking age.
35-9-5
Repealed.
35-9-6
Determination of venue when minor apprehended for purchase, possession, or
consumption of alcoholic beverage.
35-9-6.1
Determination of venue in juvenile adjudication arising from purchase, possession,
or consumption of alcoholic beverage.
35-9-7
Driver's license suspension or restriction for certain violations.
35-9-8
Driver's license revocation for certain violations.
35-9-9
Social host prohibited from permitting consumption of alcoholic beverages by person
under age eighteen--Misdemeanor.
35-9-10
Social host prohibited from permitting consumption of alcoholic beverages by person
age eighteen, nineteen, or twenty--Misdemeanor.
35-9-11
Defense available to social host.
35-9-12
Social host's lack of physical presence not a defense.
35-9-13
Social host defined.
35-10-1
Promulgation of rules.
35-10-2, 35-10-3.
Repealed.
35-10-4
Subpoena and administration of oaths by secretary.
35-10-5, 35-10-6.
Repealed
.
35-10-7
Repealed.
35-10-8
Enforcement and collection of cost penalties assessed for violations.
35-10-9
Notice of convictions mailed to local and state licensing authorities.
35-10-10
Repealed.
35-10-11
Beverages unlawfully used or possessed as contraband--Conviction as
confiscation--Return to owner on dismissal.
35-10-12
Application by officer for judicial determination as to beverages--Notice of time
and place of hearing.
35-10-13
Determination as to status of beverages seized--Order for return to owner or
confiscation.
35-10-14
Report of beverages confiscated--Destruction of unsalable beverages.
35-10-15
Custody and storage of salable confiscated beverages.
35-10-16
Sale by secretary of confiscated beverages--Disposition of proceeds.
35-10-17
Place used for violation of beverage laws as common nuisance--Maintenance as
misdemeanor.
35-10-18
Lien against place of violation for fines and costs assessed--Enforcement of lien.
35-10-19
Action to enjoin nuisance--Bond not required.
35-10-20
Action secured against premises--Parties defendant.
35-10-21
Temporary injunction in action to enjoin nuisance.
35-10-22
Order prohibiting manufacture, sale or storage of beverages and occupancy of
place of violation.
35-10-23
Bond to secure occupancy of place of violation--Conditions.
35-10-24
Repealed.
35-10-25
Summary punishment for contempt--Affidavits as prima facie case.
35-10-26
Pleadings and evidence in contempt actions.
35-10-27
Proceedings governed by general law of contempt.
35-11-1
Legislative finding--Abrogation of former rule.
35-11-2
Social hosts not liable.
35-12-1 to 35-12-12.
Repealed.
35-12-13
Farm winery defined.
35-12-14
License fee.
35-12-15
Application of title.
35-12-16
Excise tax.
35-12-17
Requirement to use agricultural products grown or produced in
state--Exception--Perjury.
35-12-18
Permitted sales--Limitation.
35-12-19
Permitted licenses.
35-12-20
Additional locations--Limitation.
35-12-21
Registration of labels.
35-12-22
Promulgation of rules
.
35-12A-1
Purchase of wine not in distribution in state--Ordering procedures.
35-12A-2
No registration fee for certain annual purchase totals.
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-4, 35-12A-5. Repealed.
CHAPTER 35-12B
DIRECT SHIPMENTS OF WINE
35-12B-1 Definitions.
35-12B-2 Wine direct shipper license requirements.
35-12B-3 Wine carrier license requirements.
35-12B-4 Duration of wine direct shipper license and wine carrier license.
35-12B-5 Sale and shipment of wine registered for direct shipment--Requirements.
35-12B-6 Package labeling requirements--Penalty for violations.
35-12B-7 Delivery of shipment by wine carrier--Requirements--Penalty for violation.
35-12B-8 Limit on amount of wine received--Resale prohibited--Violation as misdemeanor.
35-12B-9 Shipment in accordance with federal permit--Violation as misdemeanor.
35-12B-10 State jurisdiction--Audit of records.
35-12B-11 Direct shipper quarterly reports.
35-12B-12 Wine carrier quarterly reports.
35-12B-13 Tax payments.
35-12B-14 Electronic submission of reports--Electronic tax payments.
35-12B-15 Sale and shipment of wine without direct shipper license prohibited--Action by department for violation--Civil penalty.
35-12B-16 Promulgation of rules.
35-12B-17 Internet website list of wine labels registered for sale and shipment.
35-13-1 to 35-13-12.
Repealed.
35-13-13
Definitions.
35-13-14
Classes of licenses.
35-13-15
Exception to licensing requirement.
35-13-16
Application of title.
35-13-17
Excise tax.
35-13-18
Artisan distiller required to use agricultural products grown or produced in
state--Exception--Perjury.
35-13-19
Permitted sales by artisan distiller--Limitation.
35-13-20
Permitted licenses for artisan distiller.
35-13-21
Additional locations of artisan distiller--Limitation.
35-13-22
Permitted sales by distiller
.
35-13-23
Registration of labels.
35-13-24
Promulgation of rules.
CHAPTER 35-13A
DISTILLED SPIRITS NOT IN DISTRIBUTION IN STATE
35-13A-1 Purchase of distilled spirits not in distribution in state--Ordering procedures--Delivery.
35-13A-2 No registration fee for certain annual purchase totals.
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.
35-14-1
Definitions.
35-14-2
Classes of licenses.
35-14-3
Application of title.
35-14-4
Excise tax.
35-14-5
Permitted sales by microcidery--Limitation.
35-14-6
Permitted licenses for microcidery.
35-14-7
Additional locations of microcidery--Limitation.
35-14-8
Permitted sales by cider manufacturer.
35-14-9
Registration of labels.
35-14-10
Promulgation of rules
.
35-15-1
Definitions.
35-15-2
Classes of licenses.
35-15-3
Application of title.
35-15-4
Excise tax.
35-15-5
Permitted sales by microbrewery--Limitation.
35-15-6
Permitted licenses for microbrewery.
35-15-7
Additional locations of microbrewery--Limitation.
35-15-8
Permitted sales by malt beverage manufacturer.
35-15-9
Registration of labels.
35-15-10
Promulgation of rules
.
