The offering of a bonus, premium, gift, compensation, or concession of financial value, whether in money or otherwise, to induce the purchase of an alcoholic beverage is prohibited, except as specifically authorized by SDCL 35-4-130 and this chapter. The terms bonus, premium, gift, compensation, or concession of financial value refer to any article offered to a consumer which is in addition to the immediate container of an alcoholic beverage.

A wholesaler may rotate alcoholic beverages which they sell provided products purchased from other industry members are not altered or disturbed. The setting or resetting of all or part of an alcoholic beverage retail premises is permitted if written notice is given forty-eight hours prior to the set or reset to each wholesaler serving the retailer. Pullups, filling of displays, and rotation is only allowed at the point of order taking or invoicing. Shelf stocking is prohibited.

An industry member may provide to a business licensed to sell alcoholic beverages at retail any type of device, equipment, or item intended to prevent the sale of alcoholic beverages to anyone not legally able to purchase the beverages.

An industry member, for reasonable compensation, may provide to a business licensed to sell alcoholic beverages at retail any type of device or equipment necessary to maintain the integrity of a malt beverage or cider product. The device or equipment may only be provided to the business for a maximum of fifteen days in a calendar year. Providing tap wagons or draft trailers is specifically prohibited.

Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 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; 30 SDR 89, effective December 10, 2003; 31 SDR 214, effective July 6, 2005; 33 SDR 226, effective June 27, 2007; 38 SDR 214, effective June 21, 2012; 45 SDR 83, effective December 18, 2018; 46 SDR 11, effective July 30, 2019.

General Authority: SDCL 35-10-1(3)(6).

Law Implemented: SDCL 35-10-1(3)(6).

Prior versions effective: 2018-12-18, 2012-06-21.