35-12B-15. Sale and shipment of wine without direct shipper license prohibited--Action by department for violation--Civil penalty.
Any sale and shipment of wine directly to a person in this state from a winery that does not hold a current wine direct shipper license is prohibited. For the first offense, the department shall send a certified letter to any person who violates this section and order the person to cease and desist any shipment of wine into this state. For any subsequent violation, the department shall notify the alcoholic beverage control agency in the person's state of domicile, if other than this state, and the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury of the violation. Any person who violates this section is subject to a civil penalty of up to five thousand dollars. Any money collected pursuant to this section shall be deposited in the general fund.
Source: SL 2015, ch 196, ยง16, eff. Jan. 1, 2016.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 12B - Direct Shipments Of Wine
Section 35-12B-1 - Definitions.
Section 35-12B-2 - Wine direct shipper license requirements.
Section 35-12B-3 - Wine carrier license requirements.
Section 35-12B-4 - Duration of wine direct shipper license and wine carrier license.
Section 35-12B-5 - Sale and shipment of wine registered for direct shipment--Requirements.
Section 35-12B-6 - Package labeling requirements--Penalty for violations.
Section 35-12B-7 - Delivery of shipment by wine carrier--Requirements--Penalty for violation.
Section 35-12B-8 - Limit on amount of wine received--Resale prohibited--Violation as misdemeanor.
Section 35-12B-9 - Shipment in accordance with federal permit--Violation as misdemeanor.
Section 35-12B-10 - State jurisdiction--Audit of records.
Section 35-12B-11 - Direct shipper quarterly reports.
Section 35-12B-12 - Wine carrier quarterly reports.
Section 35-12B-13 - Tax payments.
Section 35-12B-14 - Electronic submission of reports--Electronic tax payments.
Section 35-12B-16 - Promulgation of rules.
Section 35-12B-17 - Internet website list of wine labels registered for sale and shipment.