S.D. Admin. R. 64:75:04:02

Current through Register Vol. 51, page 57, November 12, 2024
Section 64:75:04:02 - Wholesale payment terms - Malt beverage exception

No wholesaler may offer a retailer payment terms that provide a payment period in excess of 30 days from delivery of the alcoholic beverages. The delivery date of the alcoholic beverages is the first day of the 30-day payment period.

Notwithstanding the above, malt beverages must be paid for upon sale and delivery. Acceptable payment methods are United States currency, a correctly dated check payable at the bank upon presentation the next banking day, credit card, or an electronic fund transfer. In addition to the purchase price of the malt beverages, retailers shall pay to the wholesaler not less than the brewery cost of any redeemable containers used. The requirement for payment upon sale and delivery does not apply to municipally operated establishments or establishments operating pursuant to SDCL 35-4-19 and SDCL 35-4-21 to 35-4-23, inclusive, if the municipality retains the obligation to make payment for the malt beverages directly to a wholesaler.

S.D. Admin. R. 64:75:04:02

SL 1975, ch 16; 45 SDR 082, effective 12/18/2018; 46 SDR 011, effective 7/30/2019

General Authority: SDCL 35-10-1(6)(11).

Law Implemented: SDCL 35-4-52, 35-10-1(6)(11).

Sale for cash, § 64:75:08:01.