S.D. Admin. R. 64:75:01:01

Current through Register Vol. 51, page 51, October 21, 2024

Section 64:75:01:01 - Definitions

Terms used in this article mean:

(1) "Brand," the name commonly used on bottles or other containers and otherwise used to designate the alcoholic beverage sold;

(2) "Broken case lots," alcoholic beverage of a quantity less than a case of any particular brand;

(3) "Case," a carton or similar package containing individual retail containers as packaged by the manufacturer;

(4) "Consumer advertising specialties," can openers, bottle openers, place mats, glasses, coasters, napkins, matches, sacks, serving trays, and similar items containing brand advertising information or logos;

(5) "Department," the Department of Revenue;

(6) "Foreign dealer," any person authorized pursuant to SDCL title 35 or SDCL chapter 39-13 to import, transport or cause to be transported alcoholic beverages into this state for sale to a wholesale licensee;

(7) "Industry member," any manufacturer or wholesaler of alcoholic beverages;

(8) "Involuntary transfer," any sale, assignment, hypothecation, or other transfer of any stock or any interest whatsoever therein, which occurs by operation of law, including any change in ownership or control of such stock or any interest therein, resulting from death of the owner or holder thereof, from any judicial sale, from attachment or other legal process of like nature, from foreclosure of any pledge or other hypothecation, or from any other procedure or means whatsoever not requiring the assent of such owner or holder;

(9) "Person," any individual, firm copartnership, joint adventure, association, limited liability company, corporation, municipal corporation, estate, trust, business trust, receiver, the State of South Dakota and its political subdivisions, or any group or combination acting as a unit;

(10) "Retail consumer," any person purchasing alcoholic beverages from a licensed retailer of alcoholic beverages;

(11) "Stock," any outstanding stock whatsoever of any corporation, whether such stock is classed as common or preferred and regardless of whether such stock entitled the holder thereof to any voting rights in such corporation;

(12) "Tie in sales arrangement," any sale of alcoholic beverages by a wholesaler to a retailer, conditioned upon purchase or order of other alcoholic beverages;

(13) "Voluntary transfer," any sale, assignment, hypothecation, or other transfer of any stock, or any interest whatsoever therein, regardless as to whom the transfer is made, and whether or not such transfer is shown on the records of such corporation, which is other than an involuntary transfer;

(14) "Wholesaler," any person who sells alcoholic beverages to retailers for resale.

S.D. Admin. R. 64:75:01:01

SL 1975, ch 16; 45 SDR 082, effective 12/18/2018; 46 SDR 011, effective 7/30/2019

General Authority: SDCL 35-10-1(1)(5)(7)(8).

Law Implemented: SDCL 10-1-1(4)(22)(24), 35-10-1(1)(5)(7)(8).