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 Repealed.

35-12A-1. Purchase of wine not in distribution in state--Ordering procedures.

Notwithstanding any other provision of law, any person who is at least twenty-one years of age may purchase and receive wine from another state as provided in this section if the wine is not in distribution in this state. The person may place an order with a licensee as defined in subdivision 35-4-2(3), (5), or (12). The licensee shall order the wine through a wholesaler licensed pursuant to subdivision 35-4-2(2) and the wholesaler shall arrange the purchase of wine. The licensee shall inform the purchaser of the cost of the wine, the amount of any tax that would apply to the purchase pursuant to § 35-5-3, the amount of sales tax that would apply, and the amount of charges for freight and handling. The licensee shall collect the total amount due from the customer before ordering the wine through the wholesaler. After receiving the order for the wine from the licensed retailer the wholesaler shall arrange for the wine to be shipped directly to the licensee who placed the order for the purchaser. Wine purchased pursuant to this chapter may only be delivered and received by the purchaser from a licensee as defined in subdivision 35-4-2(3), (5), or (12).

Source: SL 2003, ch 197, § 1; SL 2015, ch 196, § 19, eff. Jan. 1, 2016.

35-12A-2. No registration fee for certain annual purchase totals.

If the wholesaler orders twelve or less cases of a particular brand of wine for an individual purchaser in one calendar year pursuant to this chapter, no registration fee pursuant to chapter 39-13 may be imposed.

Source: SL 2003, ch 197, § 2; SL 2015, ch 196, § 20, eff. Jan. 1, 2016.

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.

No person may receive more than twelve cases of wine, containing no more than nine liters per case, in any calendar year for personal use from another state under this chapter. No person who receives wine under this chapter may resell any of the wine. However, if the delivery of the wine does not result in a completed sale to the person who placed the original order, the licensee may sell the wine in the ordinary course of business. It is a Class 2 misdemeanor for any person to receive more than twelve cases of wine during a calendar year in violation of this chapter. It is a Class 2 misdemeanor for any person to resell or attempt to resell any wine obtained pursuant to this chapter. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to provide for the reporting and tracking of information related to the sale of wine under this chapter and to prescribe forms for the implementation of this chapter.

Source: SL 2003, ch 197, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.