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Repealed.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.
35-13-13. Definitions.
Terms used in this chapter mean:
(1) "Artisan distiller," any manufacturer located in this state producing, rectifying, or blending distilled spirits, as defined in § 35-1-1, in a total quantity not in excess of fifty thousand gallons within a calendar year, where at least thirty percent of the raw materials, other than water, used in the finished product are grown or produced in this state;
(2) "Distiller," any manufacturer located in this state producing, rectifying, or blending distilled spirits, as defined in § 35-1-1, that is not an artisan distiller.
Source: SL 2018, ch 223, § 1.
35-13-14. Classes of licenses.
The classes of licenses, with the fee of each class, are as follows:
(1) Artisan distiller--five hundred dollars; and
(2) Distiller--two thousand five hundred dollars.
Source: SL 2018, ch 223, § 2.
35-13-15. Exception to licensing requirement.
No agricultural producer, association of agricultural producers, or legal agent who manufactures and converts agricultural surpluses, byproducts, or wastes, into denatured ethyl and industrial alcohol for purposes other than human consumption is required to obtain any license issued pursuant to this chapter.
Source: SL 2018, ch 223, § 3.
35-13-16. Application of title.
Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter.
Source: SL 2018, ch 223, § 4.
35-13-17. Excise tax.
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter, an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5.
Source: SL 2018, ch 223, § 5.
35-13-18. Artisan distiller required to use agricultural products grown or produced in state--Exception--Perjury.
Any applicant for a license as an artisan distiller shall verify, under oath, compliance with the requirement to use agricultural products grown or produced in this state. However, if South Dakota agricultural products are not available in sufficient quantities, the applicant may use imported agricultural products for the period covered by the license. Any person who signs a statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Source: SL 2018, ch 223, § 6.
35-13-19. Permitted sales by artisan distiller--Limitation.
A licensed artisan distiller may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed artisan distiller may sell alcoholic beverages produced by the licensee to any wholesaler or retailer authorized to receive the alcoholic beverages. A licensed artisan distiller may sell alcoholic beverages to any licensed artisan distiller, farm winery, microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process.
The quantity of alcoholic beverages sold pursuant to this section may not exceed the total production limits for the license as specified in § 35-13-13.
Source: SL 2018, ch 223, § 7.
35-13-20. Permitted licenses for artisan distiller.
A licensed artisan distiller may hold on the licensed premises a farm winery license, a microbrewery license, or a microcidery license. A licensed artisan distiller may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).
Source: SL 2018, ch 223, § 8.
35-13-21. Additional locations of artisan distiller--Limitation.
A licensed artisan distiller may operate additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the total production limits for the license as specified in § 35-13-13. Any additional license issued pursuant to this section has the privileges of the original license as specified in §§ 35-13-19 and 35-13-20.
Source: SL 2018, ch 223, § 9.
35-13-22. Permitted sales by distiller.
A licensed distiller may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed distiller may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.
Source: SL 2018, ch 223, § 10.
35-13-23. Registration of labels.
The holder of any license issued under this chapter, shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.
Source: SL 2018, ch 223, § 11.
