35-1-5.4. Certain uses exempt from tax--Manufacture and storage in public place or place of business--Consumption at place of business.
Any person who produces for personal, family, or similar use two hundred gallons or less of malt beverage each year or any person who produces for personal, family, or similar use two hundred gallons or less of cider each year or any person who produces for personal, family, or similar use two hundred gallons or less of wine each year is exempt from any license required by this title and is exempt from any tax or fee imposed by this title.
No malt beverage, cider, or wine produced pursuant to this section may be manufactured in a public place or place of business, and stored during the manufacturing process in a public place or place of business, unless the business holds a retail on premises manufacturer license pursuant to subdivision 35-4-2(21).
Malt beverage, cider, or wine produced pursuant to this section may only be stored or consumed on a licensed premises if the premises is licensed to sell such product and:
(1)Such place is at an exhibition, a festival, an educational event, a technical or sensory evaluation, or a tasting competition;
(2)The malt beverage, cider, or wine is conspicuously identified by the licensed business;
(3)The licensed business makes the location of manufacture available upon request;
(4)The malt beverage, cider, or wine is served free of charge or as a prize by the licensed business; and
(5)The malt beverage, cider, or wine does not exceed the sample size limitations pursuant to §35-4-10.2.
The malt beverage, cider, or wine produced pursuant to this section may not be sold or offered for sale. The licensed business does not violate this section by charging a fee for admission to the exhibition, festival, educational event, technical or sensory evaluation, or tasting competition as long as no separate fee is charged for consumption of the malt beverage, cider, or wine and no portion of the admission fee nor any other compensation is paid to the person who produced the malt beverage, cider, or wine pursuant to this section.
Source: SL 1997, ch 212, §1; SL 2014, ch 176, §2; SL 2021, ch 165, § 1.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 01 - Definitions And General Provisions
Section 35-1-1 - Definition of terms.
Section 35-1-4 - Traffic in alcoholic beverages prohibited except as authorized by title.
Section 35-1-4.1 - Dispenser permitted to transport or store alcoholic beverage.
Section 35-1-5 - Unlicensed business prohibited--Violation as misdemeanor.
Section 35-1-5.1 - Bottle clubs prohibited.
Section 35-1-5.3 - Consumption of distilled spirits in public place as misdemeanor--Exceptions.
Section 35-1-5.8 - Carrier may permit passenger to consume alcoholic beverage aboard vehicle.
Section 35-1-5.9 - Commercial storage of wine--Authorization.
Section 35-1-7 - False statement in application or report as felony.
Section 35-1-8 - Sale or delivery of beverages for resale prohibited except as authorized.
Section 35-1-8.1 - Sacramental wines exempt.
Section 35-1-9 - Storage of beverages restricted to licensed premises--Exception.
Section 35-1-9.3 - Certain situations not in violation of § 35-1-9.1.
Section 35-1-12 - Kegs of malt beverage--Retail sale--Records.