South Dakota

The South Dakota Department of Revenue Special Tax Division is responsible for collecting the alcohol occupational tax, alcohol licensing and brand registration.

Laws & Rules:

• Alcoholic Beverage Law, SD Code, Title 35
• Administrative Code, Alcoholic Beverages

Required:  No

Out-of-state suppliers are not required to obtain a license to ship wine products to wholesaler in the state.

As of July 1, 2018, South Dakota no longer requires any representative of a supplier who solicits wholesale orders to obtain a Solicitors license.

Required:  Yes

Fee:  $25 – new brand label, $17.50 – additional label of the same brand, an additional $5 per label fee to register online

Approval:  7-14 days

Expiration:  Dec. 31st of each year

Revision Required:  Vintage, Tax Class, COLA change

Suppliers may register brand products online via PRO or by completing and submitting the paper registration form. Labels registered online are auto-approved. Each label must registered and renewed each calendar year by January 1st. Submit copy of COLAs, chemical analysis (if available) and duplicate set of labels for each brand product registered.

There is a $25 fee to register the initial brand label and a fee of $17.50 for each additional brand product label each year. There is an additional $5 per label express fee for online registrations.

Resources:

• SD Brand Registration (online)
• SD Brand Label Registration Application (paper)
• Price filing Amendment Form

Franchise Law:  No

Exclusive Territories:  Not Required

South Dakota does not have a franchise law for wine.

Required:  Yes

Name:  Wholesaler Alcohol Shipment Report For Wine/Cider/Spirits

Due Date:  Monthly, by the 15th

Rule 64:75:01:05 requires any person or business shipping alcoholic beverages into the state to forward a copy of the original shipment invoice on a per shipment basis. Per the Department’s instructions, however, do NOT send actual paper or PDF copies of invoices. Use the alcohol supplier reporting templates provided by the Department. Email each applicable Excel file to specialT@state.sd.us by the 15th of each month.

Resources:

• Distilled Spirits/Wine/Cider Monthly Report

Available:  No

As of July 1, 2018, South Dakota does not require a Solicitors license to sell or promote alcohol in the state.

Resources:

• SD DOR Letter – 2018 Legislative Changes

Allowed:  No

There are no statutory or regulatory provisions allowing an out-of-state winery to self-distribute.

• Supplier Requirements
• Alcoholic Beverage Shelf Stocking Fact Sheet
• Alcoholic Beverage Sampling Fact Sheet
• Special Alcoholic Beverage Licenses & Privileges Fact Sheet