ARSD § 64:75:01:01 — Definitions

Terms used in this article mean:
(1) "Brand,"
the name commonly used on bottles or other containers and otherwise used to
designate the alcoholic
beverage
sold;
(2) "Broken case
lots," alcoholic
beverage
of a quantity less than a case of any particular brand;
(3) "Case,"
a carton or similar package containing individual retail containers as packaged
by the manufacturer ;
(4) "Consumer
advertising specialties," can openers, bottle openers, place mats,
glasses, coasters, napkins, matches, sacks, serving trays, and similar items
containing brand advertising information or logos;
( 5 ) "Department,"
the Department of Revenue;
( 6 ) "Foreign
dealer," any person authorized pursuant to SDCL title 35 or SDCL chapter 39-13 to import, transport or cause to be transported alcoholic beverages into this state for sale to a wholesale licensee;
( 7 ) "Industry
member," any manufacturer or wholesaler of alcoholic beverages;
( 8 ) "Involuntary
transfer," any sale, assignment, hypothecation, or other transfer of any
stock or any interest whatsoever therein, which occurs by operation of law,
including any change in ownership or control of such stock or any interest
therein, resulting from death of the owner or holder thereof, from any judicial
sale, from attachment or other legal process of like nature, from foreclosure
of any pledge or other hypothecation, or from any other procedure or means
whatsoever not requiring the assent of such owner or holder;
( 9 ) "Person,"
any individual, firm
copartnership,
joint adventure, association, limited liability company, corporation, municipal corporation,
estate, trust, business trust, receiver, the State of South Dakota and its
political
subdivisions,
or any group or combination acting as a unit;
(1 0 ) "Stock," any
outstanding stock whatsoever of any corporation, whether such stock is classed
as common or preferred and regardless of whether such stock entitled the holder
thereof to any voting rights in such corporation;
(11) "Retail
consumer," any person purchasing alcoholic beverages from a licensed
retailer of alcoholic beverages;
( 1 2) "Tie in sales
arrangement," any sale of alcoholic beverages by a wholesaler to a retailer,
conditioned upon purchase or order of other alcoholic beverages ;
(1 3 ) "Voluntary
transfer," any sale, assignment, hypothecation, or other transfer of any
stock, or any interest whatsoever therein, regardless as to whom the transfer
is made, and whether or not such transfer is shown on the records of such
corporation, which is other than an involuntary transfer;
( 14 ) "Wholesaler,"
any person
who sells alcoholic beverages to retailers for resale .