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Wholesale Laws for South Dakota

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Last Updated: March 24, 2020

Summary

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

Laws & Rules:

Supplier Licensing

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.

 

Product Registration

Required:  Yes

Fee:  $25 – new brand label, $17.50 – additional label of the same brand, plus$5 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:

Franchise "Monopoly Protection" Law

Franchise Law:  No

Exclusive Territories:  Not Required

South Dakota does not have a franchise law for wine.

Supplier Reporting Requirements

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:

Sales Representative Licensing

Available:  No

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

Resources:

Self-Distribution

Allowed:  No

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

Trade Practice Advisories

Special Tax Division
South Dakota Department of Revenue

445 East Capitol Ave
Pierre, SD 57501-3100
Phone: (605) 773-3311 or (800) 829-9188 Option 2
Email: specialT@state.sd.us

 

Recent Compliance Alerts

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This information is intended for winegrower licensees only. All information above is provided as an informational aid and is not legal advice. Data may be out-of-date or incomplete. Please consult a lawyer before taking any action.