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Codified Laws
35-16 WINE MANUFACTURERS
CHAPTER 35-16

WINE MANUFACTURERS

35-16-1      Wine manufacturer defined.
35-16-2      License fee.
35-16-3      Application of title.
35-16-4      Excise tax.
35-16-5      Permitted sales.
35-16-6      Registration of labels.
35-16-7      Promulgation of rules.
35-16-8      Bulk wine.
35-16-9      Repealed .



35-16-1Wine manufacturer defined.

For the purposes of this chapter the term, wine manufacturer, means any manufacturer located in this state producing, blending, filtering, clarifying, aging and bottling wine, as defined in § 35-1-1, that is not a farm winery.

Source: SL 2018, ch 225, § 1.



35-16-2License fee.

The fee for a wine manufacturer license is two thousand five hundred dollars.

Source: SL 2018, ch 225, § 2.



35-16-3Application 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 225, § 3.



35-16-4Excise 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. Notwithstanding any other provision of law, the taxes imposed on a wine manufacturer shall be deposited in the general fund.

Source: SL 2018, ch 225, § 4.



35-16-5Permitted sales.

A licensed wine manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed wine manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.

Source: SL 2018, ch 225, § 5.



35-16-6Registration 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 225, § 6.



35-16-7Promulgation of rules.

The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and procedures for obtaining a license pursuant to this chapter, and procedures for collecting the excise taxes pertaining to the licenses.

Source: SL 2018, ch 225, § 7.



35-16-8Bulk wine.

The quantity of bulk wine in any wine manufacturer's annual production shall not exceed fifty percent of that winery's annual production. The bulk wine must be blended and not bottled. Bulk wine as used in this section means fermented juice from grapes and other fruit bases or honey.

Source: SL 2018, ch 225, § 8.



35-16-9
     35-16-9.   Repealed by SL 2019, ch 166, § 1.