Following the expiration of the payment period or upon determination of the delinquency, a wholesaler shall provide written notice of the delinquency to the retail dealer. If mailed, the notice of delinquency shall be sent by certified mail. All in person notifications shall be evidenced by an affidavit of acknowledgement from the retail dealer. The notice of delinquency and affidavit of acknowledgement must state at a minimum the amount due, the delivery date, the date the account became delinquent, and the requirements for written dispute of the retail delinquency.
The notice or affidavit shall also include the following language: "If this delinquency is not resolved within five days of the receipt of this notice, it will be reported to the Department of Revenue. Be advised, delinquent retailers are prohibited from purchasing alcoholic beverages from any wholesaler until any delinquency is resolved and cleared from the records of the Department."
S.D. Admin. R. 64:75:04:04
General Authority: SDCL 35-10-1(6).
Law Implemented: SDCL 35-10-1(6).