35-12-13. Farm winery defined.

For the purposes of this chapter, the term, farm winery, means any manufacturer located in this state producing wine, as defined in § 35-1-1, in a total quantity not in excess of one hundred fifty thousand gallons within a calendar year, where at least fifty percent of the raw materials used in the finished product are grown or produced in this state, and without the use of wine imported from outside this state.

Source: SL 2018, ch 222, § 1.

35-12-14. License fee.

The fee for a farm winery license is five hundred dollars.

Source: SL 2018, ch 222, § 2.

35-12-15. 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 222, § 3.

35-12-16. 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. Notwithstanding any other provision of law, the taxes imposed on a farm winery shall be deposited in the general fund.

Source: SL 2018, ch 222, § 4.

35-12-17. Requirement to use agricultural products grown or produced in state--Exception--Perjury.

Any applicant for a license as a farm winery 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, but may not use imported alcoholic beverages. 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 222, § 5.

35-12-18. Permitted sales--Limitation.

A licensed farm winery may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed farm winery may sell alcoholic beverages produced by the licensee to any wholesaler or retailer authorized to receive the alcoholic beverages. A licensed farm winery 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 § 35-12-13.

Source: SL 2018, ch 222, § 6.

35-12-19. Permitted licenses.

A licensed farm winery may hold on the licensed premises an artisan distiller license, a microbrewery license, or a microcidery license. A licensed farm winery may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).

Source: SL 2018, ch 222, § 7.

35-12-20. Additional locations--Limitation.

A licensed farm winery 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 § 35-12-13. Any additional license issued pursuant to this section has the privileges of the original license as specified in §§ 35-12-18 and 35-12-19.

Source: SL 2018, ch 222, § 8.

35-12-21. 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 222, § 9.

35-12-22. Promulgation 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 222, § 10.