35-4-60. Retailers permitted to purchase only from wholesalers.

Except as provided in this title, a retail licensee may only buy or receive alcoholic beverages from a wholesaler licensed under this chapter.

Source: SDC 1939, § 5.0219; SL 1945, ch 22, § 2; SL 1955, ch 6, § 3; SL 1971, ch 211, § 63; SL 2008, ch 37, § 177; SL 2018, ch 213, § 79.

35-4-60.1. Wholesalers to purchase only from brand owner or brand owner's agent or licensed wholesaler.

No licensed wholesaler may purchase or accept delivery of any brand of alcoholic beverages, unless those alcoholic beverages are purchased from the brand owner or the brand owner's authorized agent, or from another licensed wholesaler operating solely within this state. Alcoholic beverages imported into this state shall come to rest at the warehouse of the licensed wholesaler before sale and delivery to a retail licensee. Alcoholic beverages obtained from any licensed manufacturer located in this state do not need to come to rest at the warehouse of the licensed wholesaler before sale and delivery to a retail licensee if the wholesaler takes physical possession of the alcoholic beverages.

Source: SL 1982, ch 270; SL 1994, ch 286, § 1; SL 2018, ch 224, § 15.

35-4-60.2. Purchase from municipality of malt beverages by certain licensees--Price charged.

A licensee licensed under subdivision 35-4-2(3), (4), or (16) shall purchase any malt beverages that the licensee sells from the municipality if the municipality in which the licensee is located is licensed under subdivision 35-4-2(5) and if the municipality has adopted by ordinance a requirement that purchases of malt beverages by licensees under this section be made from the municipality. A municipality selling malt beverages to any licensee licensed under subdivision 35-4-2(3), (4), or (16) may not charge the licensee more than five percent above the municipality's cost for malt beverages plus freight unless the municipality has an operating agreement in effect on April 1, 1988, for its on-sale alcoholic beverage licensees licensed pursuant to subdivision 35-4-2(4) and imposes a mark-up higher than five percent for malt beverages. The municipality shall charge all licensees under this section the same price for malt beverages. The provisions of this section for a licensee licensed pursuant to subdivision 35-4-2(3) or (4) only apply if the licensee is located in a municipality with a population that exceeds eight thousand.

Source: SL 1987, ch 261, § 40; SL 1988, ch 293, § 1; SL 2008, ch 37, § 178; SL 2010, ch 180, § 33; SL 2017, ch 168, § 1; SL 2018, ch 213, § 80.

35-4-60.3. Certain licensees permitted to purchase from wholesalers and retailers.

Notwithstanding the provisions of § 35-4-60, a civic, charitable, educational, fraternal, or veterans organization licensed pursuant to § 35-4-124 may purchase alcoholic beverages from any licensed wholesaler, or licensed retailer with off-sale privileges.

Source: SL 2018, ch 217, § 3.