Section 35-4-60.2 - Purchase of malt beverages by licensee--Price charged. - South Dakota Statutes

35-4-60.2. Purchase of malt beverages by licensee--Price charged. A licensee licensed under subdivision 35-4-2(16), (17), or (17A) shall purchase the malt beverages that the licensee sells from the municipality if the municipality in which the licensee is located is licensed under subdivision 35-4-2(5) and if the municipality has by ordinance required that such purchases be made from the municipality. A municipality selling malt beverages to any licensee licensed under subdivision 35-4-2(16), (17), or (17A) may not charge the licensee more than five percent above the municipality's cost for malt beverages plus freight unless the municipality has operating agreements in effect on April 1, 1988, for its on-sale alcoholic beverage licensees licensed pursuant to subdivision 35-4-2(4) and imposes a mark-up higher than five percent for malt beverages. The municipality shall charge all such licensees the same price for malt beverages.

Source: SL 1987, ch 261, § 40; SL 1988, ch 293, § 1; SL 2008, ch 37, § 178; SL 2010, ch 180, § 33.