South Dakota Codified Laws
Chapter 08A - Regulation Of Beer Industry Business Relationships
Section 35-8A-15 - Application of chapter.

35-8A-15. Application of chapter.
The provisions of this chapter shall cover agreements in existence on July 1, 1990, as well as agreements entered into after July 1, 1990. Any written agreement continuous in nature or which has no specific duration or renewal provision which is in existence on July 1, 1990, shall be considered, for the purposes of this chapter, to have been renewed ninety days after July 1, 1990.

Source: SL 1990, ch 300, ยง15.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 35 - Alcoholic Beverages

Chapter 08A - Regulation Of Beer Industry Business Relationships

Section 35-8A-1 - Legislative authority and purpose.

Section 35-8A-2 - Definitions of terms.

Section 35-8A-3 - Distribution contracts--Application of this chapter.

Section 35-8A-4 - Prohibited actions by supplier.

Section 35-8A-5 - Good cause for termination, cancellation, nonrenewal, discontinuance, or modification.

Section 35-8A-6 - Conditions for terminating, failing to renew, or refusing to continue under an agreement by supplier--Notice to wholesaler.

Section 35-8A-7 - When compensation required from brewer--Reasonable value--Arbitration.

Section 35-8A-8 - Brewery may assume wholesaler's business--Time limitation--Brewer as limited partner with wholesaler.

Section 35-8A-9 - Injunctive relief for violation of distribution agreement--Costs and attorney fees--Jurisdiction--Arbitration upon agreement by all parties.

Section 35-8A-10 - Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay.

Section 35-8A-11 - Distribution agreement binding upon successor.

Section 35-8A-12 - Waiver of rights void--Mutually binding agreements or voluntary dispute settlements not prohibited.

Section 35-8A-13 - Unreasonable amendment prohibited.

Section 35-8A-14 - Exclusive sales territories--Designated wholesaler.

Section 35-8A-15 - Application of chapter.

Section 35-8A-16 - Brand defined.

Section 35-8A-17 - Brand extension defined.

Section 35-8A-18 - Brand extension to be assigned wholesaler granted exclusive sales territory for preexisting brand--Exemption.

Section 35-8A-19 - Future brand extensions to be assigned wholesaler who first had brand.

Section 35-8A-20 - Application of certain amended and enacted sections.