An industry member may not pay or credit retailers for displaying materials or for any expense incidental to its operation. The value of advertising materials and any accessories to the advertising materials shall be computed by including all expenses incurred by the industry member in connection with the purchase, manufacture, and transportation of such materials.

Signs, posters, placards, designs, decorations, or graphic displays bearing advertising matter for use inside a retail establishment may be furnished, given, rented, lent, or sold to a retailer if the materials have no value to the retailer except as advertising. Any item provided under this section may not have a value per single complete item in excess of $350, including installation costs.

A wholesaler or supplier may furnish, give, rent, lend, or sell wine lists or wine menus to retailers only if the wholesaler or supplier includes the names of competing wines if requested by the recipient of the list or menu.

Any consumer advertising specialty or any item having a utility value to the retailer other than as advertising may be sold by an industry member to a retail licensee. The cost of these items may not be less than the industry member's cost.

Source: SL 1975, ch 16, § 1; 2 SDR 2, effective July 17, 1975; 7 SDR 75, effective February 8, 1981; 11 SDR 1, effective July 19, 1984; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective January 10, 1988; 21 SDR 219, effective July 1, 1995; 31 SDR 214, effective July 6, 2005; 45 SDR 83, effective December 18, 2018.

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

Law Implemented: SDCL 35-10-1(6).

Prior versions effective: 2005-07-06.