An order for any alcoholic beverage, taken by a wholesaler from a retailer, must be a single transaction in its entirety, with delivery as part of the consummated transaction. If an order is taken during a period when the price of a product is posted down, but the wholesaler does not have sufficient inventory to deliver the product from current stock, then delivery of the product at the post down price shall be made within 30 calendar days of the order date.

This section does not apply to malt beverages and cider.

Source: SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 30 SDR 89, effective December 10, 2003; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

General Authority: SDCL 35-10-1(6).

Law Implemented: SDCL 35-4-52.

Prior versions effective: 2005-07-06.