South Dakota Codified Laws
Chapter 04 - Sale Of Beverages
Section 35-4-52 - Prohibited sales practices by manufacturers and wholesalers.

35-4-52. Prohibited sales practices by manufacturers and wholesalers.
No manufacturer or wholesaler may attempt to promote the sale of alcoholic beverages by tie-in sales arrangements or by any device such as gifts or other concessions of financial value to a customer. The manufacturer or wholesaler may promote sales only on the basis of price competition, salesmanship, reliability as a supplier, and other ordinary competitive business practices.

Source: SL 1951, ch 6; SDC Supp 1960, §5.0217-1; SL 1971, ch 211, §62; SL 2008, ch 37, §176; SL 2018, ch 213, §78.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 35 - Alcoholic Beverages

Chapter 04 - Sale Of Beverages

Section 35-4-1 - Beverages to which chapter applies.

Section 35-4-2 - Classes of licenses enumerated--Fees.

Section 35-4-2.4 - Eligibility of municipality for wine, cider, or malt beverage license.

Section 35-4-2.8 - Possession of more than one license--Exercise of privileges.

Section 35-4-2.11 - Distribution of license and transfer fees and penalties.

Section 35-4-2.12 - Regulation of alcoholic beverages aboard conveyances.

Section 35-4-5.1 - Manufacturers and retailers may not be granted wholesale license.

Section 35-4-10 - Number of off-sale licenses restricted by population.

Section 35-4-10.2 - Off-sale licensees permitted to provide free samples--No additional license required--Restrictions--Violation as misdemeanor.

Section 35-4-10.3 - Manufacturers and wholesalers permitted to provide samples on licensed retailer premises.

Section 35-4-11 - Municipal determination of number of licenses and amount of fees--Maximum number of on-sale licenses.

Section 35-4-11.1 - Counties--Number of licenses and amount of fees--Number restricted by population--Denial of reissuance.

Section 35-4-11.2 - Convention facility on-sale licenses issued by municipality or county on behalf of improvement district.

Section 35-4-11.11 - Additional convention facility on-sale licenses authorized.

Section 35-4-11.12 - On-sale licenses for improvement districts.

Section 35-4-11.13 - Hunting preserve facility on-sale license.

Section 35-4-13 - Continuation of on-sale license despite annexation by municipality or county--Exception to restrictions on number of licenses.

Section 35-4-14 - On-sale license for publicly operated airport.

Section 35-4-14.1 - On-sale license issued to municipal auditorium or convention hall.

Section 35-4-19 - Licensed municipalities permitted to issue certain licenses--Operating agreements permitted.

Section 35-4-19.1 - Full-service restaurant on-sale license provisions applicable to municipalities and operating agreement holders.

Section 35-4-21 - Contents of operating agreements.

Section 35-4-22 - Agreement for operation of municipal off-sale establishment.

Section 35-4-22.1 - License renewal of off-sale licensee outside of boundaries.

Section 35-4-23 - Contents of agreement for operation of municipal off-sale establishment.

Section 35-4-41 - Duration and expiration of licenses--Full fee charged for part of year.

Section 35-4-45 - Bonded warehouse permitted to store beverages--Additional bond required.

Section 35-4-47 - Sources from which wholesalers may receive beverages.

Section 35-4-50 - Restrictions on sales by wholesalers.

Section 35-4-52 - Prohibited sales practices by manufacturers and wholesalers.

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

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

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

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

Section 35-4-66 - Restrictions on transportation of beverages.

Section 35-4-67 - Restrictions on importation of beverages.

Section 35-4-71 - Sale of alcohol by dispensers restricted.

Section 35-4-74 - Delivery prohibited except by off-sale delivery licensees--Violation as misdemeanor.

Section 35-4-75 - Service by on-sale licensees restricted to premises--Violation as misdemeanor.

Section 35-4-77.1 - Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance.

Section 35-4-78 - Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.

Section 35-4-79 - Persons under twenty-one years old not permitted to loiter on on-sale or off-sale premises or to sell, serve, or consume beverages--Violation as misdemeanor.

Section 35-4-79.4 - Exception to prohibition on sales or service by persons under twenty-one years old--Violation as misdemeanor.

Section 35-4-81 - Restriction by ordinance of sales, service, and consumption on certain days.

Section 35-4-81.2 - Times when beverage sales, service, and consumption prohibited--Violation as misdemeanor.

Section 35-4-99 - Display of health warning sign--Violation as petty offense.

Section 35-4-100 - Health warning sign--Contents--Copy provided to licensees.

Section 35-4-101 - Minibars authorized in hotels or motels.

Section 35-4-102 - Minibars--Beverage sizes--Age limit--Access.

Section 35-4-103 - Annual additional license fee for video lottery machines on licensed premises.

Section 35-4-106 - License at county or municipal golf course.

Section 35-4-107 - Resort facility on-sale license--Resort facility defined--Terms of license--Application.

Section 35-4-110 - Definition of terms pertaining to full-service restaurant on-sale licenses.

Section 35-4-111 - Full-service restaurant on-sale licenses.

Section 35-4-112 - Documentation in support of initial application for full-service restaurant on-sale license.

Section 35-4-113 - Renewal of full-service restaurant on-sale license--Annual report.

Section 35-4-114 - On-premise consumption required.

Section 35-4-115 - Advertisement of full-service restaurant.

Section 35-4-116 - Fees for additional on-sale licenses to full-service restaurants.

Section 35-4-117 - Price of full-service restaurant on-sale license set at or above current fair market value.

Section 35-4-118 - Registry of full-service restaurant on-sale licenses.

Section 35-4-119 - Registration that full-service restaurant on-sale license is for sale.

Section 35-4-120 - Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal.

Section 35-4-123 - County fairground on-sale license.

Section 35-4-124 - Special alcoholic beverage licenses--Special events.

Section 35-4-124.1 - Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license.

Section 35-4-125 - Application for special alcoholic beverage license--Fee.

Section 35-4-127 - Off-sale delivery license.

Section 35-4-128 - Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited--Exceptions--Violation as misdemeanor.

Section 35-4-129 - Sale of alcoholic beverages below cost prohibited--Exception.

Section 35-4-130 - Quantity discounts and cash discounts permitted.