South Dakota law, specifically SDCL 35-4-43, outlines the requirements for the issuance of an off-sale intoxicating liquor license. This license permits the sale of intoxicating liquor for consumption off the licensed premises. The statute specifies that an applicant must be a resident of South Dakota for at least one year immediately preceding the application. Furthermore, the applicant must have resided in the county where the license is to be issued for at least six months prior to the application. These residency requirements are crucial for demonstrating a vested interest in the community and adherence to state regulations. The law also mandates that the applicant must be of good moral character and at least twenty-one years of age. The local governing body, typically the board of county commissioners or the governing body of a municipality, reviews the application and may impose additional local requirements, provided they are not inconsistent with state law. The license is issued by the Department of Revenue, but the initial approval and investigation are handled at the local level. The intent behind these stringent requirements is to ensure responsible alcohol sales and to maintain public order and safety within the state.

South Dakota law, specifically SDCL 35-4-47, outlines the conditions under which a winery may sell wine for consumption on its premises. This statute allows a licensed winery to sell wine produced by it for consumption on its premises, provided the winery has obtained a retail alcoholic beverage license as prescribed by law. The law does not require a separate tasting room license; rather, the on-premises consumption privilege is an extension of the winery license itself, contingent upon possessing the appropriate retail license. The intent is to facilitate direct sales and customer experience at the production facility. The law also specifies that such sales are limited to the wine manufactured by the winery. This means a winery cannot sell wine from other producers for on-premises consumption under this specific provision. The distinction between a winery license and a retail license is important; the winery license permits production and sale of its own wine, while the retail license permits the sale of alcoholic beverages for consumption on or off the licensed premises. Therefore, a winery must hold both a winery license and a retail license to legally offer its own wine for on-premises consumption.

South Dakota law, specifically SDCL 35-1-5.3, outlines the requirements for a liquor license to be considered for a wine-only retail license. This statute dictates that a wine-only retail license may only be issued to an applicant who is the holder of a valid retail liquor license. The intent behind this provision is to ensure that entities already operating within the regulated liquor industry, and thus familiar with its compliance requirements, are the ones to whom wine-only licenses are granted. This helps maintain a consistent level of oversight and responsibility across different types of alcohol sales. The law does not permit the issuance of a wine-only retail license to an entity that does not possess an existing, valid retail liquor license, regardless of their business type or other permits they might hold. This foundational requirement is critical for the regulatory framework governing alcoholic beverage sales in South Dakota.

South Dakota law, specifically SDCL 35-4-47, outlines the requirements for alcoholic beverage licensees to provide a written statement to purchasers of alcoholic beverages, detailing the tax levied on the sale. This statement must be provided for all sales of alcoholic beverages, including wine. The purpose of this disclosure is to ensure transparency regarding the excise taxes that contribute to state revenue. The law does not differentiate based on the volume of the sale or the specific type of alcoholic beverage beyond it being “alcoholic beverages.” Therefore, any licensee selling wine must comply with this disclosure requirement regardless of the quantity purchased or the price point, as the tax is levied per gallon or liter, not as a percentage of the sale price in the manner of a sales tax, though sales tax also applies. The law’s intent is to inform consumers about the state’s excise tax burden on alcohol.

South Dakota law, specifically SDCL Chapter 35-10, governs the licensing and operation of wineries within the state. A key aspect of this legislation is the distinction between different types of licenses and the privileges they afford. The question focuses on the specific rights granted to a Class 1 winery license holder concerning direct sales and consumption on the premises. Class 1 licenses are designed to allow wineries to engage directly with consumers, facilitating sales and tasting experiences. This includes the ability to sell wine produced by the licensee to consumers for consumption on the licensed premises. The law aims to support the growth of the South Dakota wine industry by enabling wineries to operate as destinations for wine enthusiasts. Understanding these specific licensing distinctions is crucial for compliance and for maximizing the operational potential of a winery. The correct option reflects the direct sales and on-premises consumption privilege explicitly granted by a Class 1 license under South Dakota codified law, distinguishing it from other potential licensing categories that might have different restrictions or allowances.

South Dakota law, specifically SDCL 35-4-2, governs the sale of alcoholic beverages, including wine, by retailers. This statute outlines the permissible hours for such sales. For on-sale and off-sale wine licenses, sales are generally permitted between the hours of 7:00 AM and 2:00 AM on any day of the week. However, counties or municipalities may enact ordinances that further restrict these hours. Therefore, to determine the absolute latest a wine retailer can legally sell wine in South Dakota, one must consider both the state statute and any local ordinances that might impose earlier closing times. The state statute provides the maximum permissible hours, but local authorities have the power to set more restrictive limits. Without specific information about a particular county or municipality’s ordinances, the state-provided window represents the outer boundary of legal operation.

South Dakota law, specifically SDCL Chapter 35-4, governs the sale and distribution of alcoholic beverages, including wine. A key aspect is the distinction between package sales and consumption on-premises. Retail licenses are categorized based on the type of sales permitted. For instance, a “Class 1 manufacturer” license allows for the production and sale of wine, but the scope of direct-to-consumer sales from the manufacturing premises is often limited by specific provisions. SDCL 35-4-2.1 defines a “retail liquor dealer” and outlines the types of licenses. SDCL 35-4-2.3 further specifies the privileges of a “Class P liquor license,” which generally permits both on-premises consumption and off-premises package sales. However, a manufacturer’s ability to sell wine directly to consumers for off-premises consumption from their production facility is governed by separate provisions, often requiring a specific type of retail license or falling under explicit exceptions. In South Dakota, a licensed winery that also holds a retail license allowing package sales can sell its own manufactured wine for off-premises consumption. The critical factor is the type of retail license held by the winery. A winery operating solely under a manufacturer’s license may not have the authority for off-premises sales to the general public without an additional, appropriate retail license. The scenario presented involves a winery seeking to sell its product for off-premises consumption. To legally do so, it must possess a retail license that explicitly permits such transactions. Therefore, a Class P liquor license, which is a broad retail license allowing package sales, would enable the winery to engage in this activity.

South Dakota law, specifically SDCL 35-4-40, governs the sale of wine by wineries. This statute outlines the conditions under which a licensed winery can sell its products directly to consumers. The law permits wineries to sell wine for consumption on their premises and also for off-premises consumption, provided certain conditions are met. These conditions often relate to the type of license held by the winery and adherence to any specific operational guidelines set forth by the South Dakota Department of Revenue. The core principle is that a licensed South Dakota winery, operating under its manufacturing and sales privileges, can engage in direct-to-consumer sales of its own manufactured wine. This includes sales at the winery’s physical location. The question tests the understanding of these direct sales privileges granted to licensed wineries in South Dakota.

South Dakota law, specifically under SDCL 35-4-78, outlines the requirements for a wine manufacturer’s license. This license permits the holder to manufacture wine in South Dakota and to sell it to licensed wholesalers, retailers, or directly to consumers in South Dakota, as well as to ship it out of state to licensed entities. The law also addresses the possibility of a manufacturer also holding a retail license. However, the key distinction for a manufacturer’s license is the primary activity of producing wine. The question probes the understanding of what a wine manufacturer’s license in South Dakota explicitly allows concerning sales channels. A manufacturer can sell to wholesalers and retailers within the state, and can also ship out of state to appropriately licensed recipients. The ability to sell directly to consumers is also a permitted activity under certain conditions, often tied to the manufacturing premises or specific tasting room provisions. The core of the license is the production and subsequent distribution. Therefore, a wine manufacturer licensed in South Dakota can engage in direct sales to consumers at their licensed premises, sell to licensed wholesalers and retailers within the state, and ship out of state to other licensed entities.

South Dakota law, specifically SDCL 35-4-2, governs the licensing and operation of alcoholic beverage establishments, including those that produce and sell wine. A Class 1 manufacturer’s license permits the production of wine. A key aspect of this license is the ability to sell wine directly to consumers. However, the law also addresses the conditions under which such sales can occur, particularly concerning on-premises consumption and the types of facilities that can be associated with a manufacturing license. SDCL 35-4-2 further clarifies that a manufacturer can sell wine for consumption on the premises of the licensed facility. This implies that the licensed premises itself can be designed to accommodate on-site consumption, such as a tasting room or a restaurant area. The statute does not explicitly prohibit a wine manufacturer from operating a restaurant on its licensed premises, provided that the restaurant is an integral part of the manufacturing facility and adheres to all relevant licensing and operational regulations for both food service and alcohol sales. The core principle is that the sales and consumption must be linked to the licensed manufacturing operation. Therefore, a winery holding a Class 1 manufacturer’s license in South Dakota can legally operate a restaurant on its premises for on-site wine consumption.

South Dakota law, specifically SDCL 35-1-5.3, addresses the direct shipment of wine into the state. This statute outlines the conditions under which out-of-state wineries can ship wine directly to consumers within South Dakota. Key provisions include the requirement for the winery to hold a valid non-resident seller’s permit, which is obtained from the South Dakota Department of Revenue. This permit signifies compliance with state tax obligations and other regulatory requirements. The law also stipulates that only wineries that produce a certain volume of wine annually, typically below a specified threshold, are eligible for direct shipping permits, fostering support for smaller producers. Furthermore, there are limitations on the quantity of wine that can be shipped to any single consumer within a given period, often expressed as a maximum number of cases per year. The law also mandates that shipments must be made to consumers who are of legal drinking age, and delivery requires adult signature verification. These regulations are designed to balance consumer access to diverse wines with the state’s interest in regulating alcohol sales, ensuring tax collection, and preventing underage consumption. The core principle is to allow direct shipment under controlled conditions, thereby integrating out-of-state producers into the South Dakota market while adhering to the state’s regulatory framework for alcoholic beverages.

South Dakota law, specifically under SDCL 35-11, governs the licensing and operation of wineries within the state. A key aspect of this regulation pertains to the ability of wineries to sell their products directly to consumers. South Dakota wineries holding a Class 1 manufacturer’s license are permitted to sell wine produced by them directly to consumers for consumption on or off the licensed premises. This direct sales privilege is a significant component of winery operations and is often subject to specific limitations or conditions. For instance, the law outlines the hours and days during which such sales can occur. It also specifies that the wine sold must be manufactured by the licensee at their licensed facility. The question probes the understanding of the scope of direct sales for a South Dakota winery, distinguishing between selling their own product and potentially selling products from other manufacturers, which would typically require different licensing or arrangements. The ability to sell wine produced by other wineries would fall under different licensing categories, such as a retailer’s license, or specific exceptions not broadly granted to a Class 1 manufacturer for general resale. Therefore, the core of the question is whether a Class 1 licensed winery in South Dakota can engage in the resale of wine not manufactured by them. Based on the provisions of SDCL 35-11, a Class 1 manufacturer’s license primarily authorizes the production and direct sale of the licensee’s own manufactured wine. Reselling wine from other producers is generally outside the scope of this specific license.

South Dakota law, specifically under SDCL 35-6-1, governs the licensing and operation of wineries. A Class 1 manufacturer license is required for a winery to produce and sell wine within the state. This license permits the sale of wine produced by the licensee at the licensed premises. Furthermore, SDCL 35-6-13 outlines provisions for tasting rooms operated by licensed wineries. A winery holding a manufacturer’s license may operate a tasting room on its premises to offer samples of its own products to consumers. The law is specific that such tasting room operations are for the purpose of sampling the wine produced by that particular licensee and do not extend to selling or offering samples of wine produced by other entities unless specifically authorized through separate licensing or agreements, which are not implied in the scenario of a winery operating its own tasting room. Therefore, the ability to offer samples in a tasting room is intrinsically linked to the manufacturer’s license and the production of wine by that specific entity.

South Dakota law, specifically SDCL Chapter 35-6, governs the licensing and operation of alcoholic beverage establishments, including wineries. A winery holding a Class 1 manufacturer’s license in South Dakota is permitted to sell its manufactured wine directly to consumers on its licensed premises. This direct-to-consumer sales privilege is a key aspect of winery operations. Furthermore, the law permits such wineries to sell their wine to other licensees within the state, such as retail liquor stores or restaurants, provided they adhere to the established distribution channels and regulations. The ability to sell to consumers on-premises is a distinct privilege granted to manufacturers. The question probes the extent of these sales privileges under South Dakota law for a Class 1 manufacturer’s license. The correct understanding is that a Class 1 manufacturer can sell to consumers on their premises and also to other licensed entities within South Dakota, reflecting a dual sales pathway. This dual pathway is a core feature of the Class 1 license, allowing for both direct retail and wholesale distribution to other South Dakota businesses.

South Dakota law, specifically under SDCL 35-4-42, outlines the requirements for a wine manufacturer’s license. This statute dictates that a wine manufacturer’s license permits the licensee to manufacture wine and to sell it in containers to consumers for consumption on or off the licensed premises. Furthermore, the law specifies that such a licensee may also sell the wine to any wholesaler or retailer licensed under the provisions of Title 35. The critical aspect for this scenario is the ability to sell directly to consumers. While a manufacturer can sell to licensed wholesalers and retailers, and can also sell on-premise, the direct-to-consumer sale off-premise is a specific privilege granted by the license itself. The question probes the understanding of the scope of a wine manufacturer’s license in South Dakota concerning sales channels. A wine manufacturer, holding the appropriate license, is permitted to sell their manufactured wine directly to consumers for off-premise consumption. This is a key distinction from selling only to other licensed entities in the distribution chain. Therefore, the ability to sell to consumers off the premises is an inherent right of a licensed South Dakota wine manufacturer, assuming they comply with all other relevant regulations.

South Dakota law, specifically SDCL 35-1-5.4, addresses the direct shipment of wine into the state by out-of-state wineries. This statute requires that any winery wishing to ship wine directly to a consumer in South Dakota must first obtain a wine manufacturer’s license from the South Dakota Department of Revenue. This license is a prerequisite for engaging in direct-to-consumer sales within the state. The law further specifies that such shipments are limited to a maximum of 12 cases of 750ml bottles per consumer per year. The primary purpose of this licensing requirement is to ensure compliance with state regulations, including the collection of excise taxes and the oversight of alcohol sales to protect public health and safety. Without this license, an out-of-state winery is prohibited from making direct shipments to South Dakota residents. Therefore, the fundamental requirement for an out-of-state winery to legally ship wine directly to a South Dakota consumer is the acquisition of the appropriate state-issued license.

South Dakota law, specifically SDCL 35-1-5.3, governs the direct shipment of wine into the state. This statute permits out-of-state wineries to ship wine directly to consumers in South Dakota, provided certain conditions are met. These conditions include obtaining a wine direct shipper permit from the South Dakota Department of Revenue. The permit holder must then collect and remit all applicable state excise taxes and sales taxes on the shipments. Furthermore, the law mandates that shipments must be made to consumers who are at least 21 years of age, and the delivery must be signed for by an adult of legal drinking age. There are also limitations on the volume of wine that can be shipped per month, typically not exceeding a specified quantity, such as 12 liters. The purpose of these regulations is to ensure tax compliance, prevent underage access to alcohol, and maintain a regulated market while allowing for limited direct-to-consumer sales. Failure to comply with these provisions can result in penalties, including permit revocation and fines.

South Dakota law, specifically SDCL 35-4-3, governs the sale of wine by wineries. This statute outlines the conditions under which a winery holding a Class 1 manufacturer’s license can sell its own products. The law permits such sales directly to consumers on the winery premises for consumption on or off the premises, and also for consumption on the premises. Furthermore, it allows for sales to a wholesaler or retailer, or for direct shipment to consumers in South Dakota, provided all applicable taxes and regulations are met. The key distinction for a winery selling its own product is the direct interaction with consumers on its licensed premises, a privilege extended by the manufacturer’s license itself. This direct-to-consumer sales provision on-site is a fundamental aspect of winery operations and is distinct from the distribution channels involving wholesalers and retailers, which also fall under the purview of the winery’s license. The question probes the specific authority granted to a Class 1 licensee for on-premises sales of its own manufactured wine.

South Dakota law, specifically SDCL 35-6-1, governs the sale of wine by wineries. This statute outlines the conditions under which a winery may sell its products directly to consumers. A key provision is that a winery can sell wine produced by it to any person for consumption on or off the licensed premises. This direct-to-consumer sales privilege is a fundamental aspect of winery operations within the state. The law further specifies that such sales are permitted at the winery’s licensed premises. It is important to note that this direct sales privilege does not extend to sales at locations other than the winery’s primary licensed facility, unless specifically authorized by other provisions or permits not relevant to this direct sale scenario. The law is designed to support the state’s viticulture industry by allowing wineries to engage in retail sales of their own products, fostering a connection between producers and consumers. The core principle is the sale of the winery’s own product on its own premises.

South Dakota law, specifically SDCL 35-1-5.1, governs the importation of alcoholic beverages, including wine, into the state. This statute generally requires that all alcoholic beverages sold or distributed within South Dakota must be purchased from a licensed South Dakota wholesaler. This is a core principle of the state’s three-tier system, designed to regulate the sale and distribution of alcohol, ensure tax collection, and maintain public safety. There are limited exceptions, such as for personal consumption in quantities not exceeding one gallon, or for certain direct shipments from out-of-state wineries to South Dakota residents under specific circumstances, which are often subject to strict limitations and reporting requirements. However, for a business entity like a restaurant seeking to acquire wine for resale to its patrons, bypassing the licensed South Dakota wholesaler and directly importing from an out-of-state winery, even if that winery is licensed in its home state, is generally prohibited. The intent of the law is to channel all commercial alcoholic beverage sales through the state’s regulated distribution network. Therefore, a restaurant in Sioux Falls cannot legally purchase wine directly from a vineyard in Napa Valley, California, for the purpose of resale without going through a South Dakota licensed wholesaler.

South Dakota law, specifically SDCL Chapter 35-6, governs the sale and distribution of alcoholic beverages, including wine. This chapter outlines various licensing requirements and operational regulations for businesses involved in the alcoholic beverage industry. A key aspect of these regulations pertains to the types of licenses available and the specific privileges and restrictions associated with each. For instance, a “Class 1 Manufacturer” license in South Dakota allows for the production of wine and cider. Such a licensee is permitted to sell their manufactured products directly to consumers at their licensed premises, provided these sales comply with all other applicable state and federal laws. This direct-to-consumer sale privilege is a significant aspect of the Class 1 license, enabling producers to engage with their customer base. Furthermore, the law specifies that a Class 1 Manufacturer may also sell their products to other licensed wholesalers and retailers within the state, thereby participating in the broader distribution network. The ability to sell to consumers at the manufacturing site is a distinct privilege, differentiating it from licenses that only permit wholesale or retail distribution. Understanding these specific licensing categories and their associated rights is fundamental to operating within South Dakota’s alcoholic beverage framework. The question tests the understanding of the specific sales privileges granted to a Class 1 Manufacturer license holder.

South Dakota law, specifically SDCL 35-1-5.3, addresses the licensing requirements for wineries. This statute outlines that a Class 1 manufacturer license is required for a winery that produces more than 5,000 gallons of wine annually. Conversely, a Class 2 manufacturer license is for wineries producing 5,000 gallons or less. The question scenario describes a winery, “Prairie Vineyards,” that has expanded its production significantly. To determine the correct license category, one must evaluate the stated production volume against the statutory thresholds. Prairie Vineyards’ new production level is 7,500 gallons. Comparing this to the 5,000-gallon threshold, it is clear that their production now exceeds the limit for a Class 2 license. Therefore, they must obtain a Class 1 manufacturer license. This demonstrates an understanding of the tiered licensing structure based on production volume as defined by South Dakota’s alcoholic beverage laws. The core concept tested is the application of specific statutory production volume limits to determine the appropriate winery license classification within South Dakota.

South Dakota law, specifically SDCL 35-1-5.4, outlines the requirements for an individual to be considered a resident for the purposes of obtaining a retail alcoholic beverage license. This statute establishes a domicile requirement, meaning the applicant must have their primary home and place of abode within South Dakota. The law specifies that residency is established by maintaining a physical presence in the state with the intent to remain indefinitely. Simply owning property or having a mailing address in South Dakota is not sufficient if the individual’s primary domicile is elsewhere. The duration of physical presence is not the sole determining factor; rather, it is the intent to make South Dakota one’s permanent home. Therefore, an applicant who resides in Nebraska for the majority of the year, even if they own a cabin in South Dakota and visit it frequently, would likely not meet the residency requirement for a South Dakota retail liquor license if their established domicile remains in Nebraska. The critical element is the establishment of a fixed and permanent home within the state, demonstrating an intent to reside there permanently and not merely temporarily.

South Dakota law, specifically SDCL 35-1-5.2, governs the direct shipment of wine into the state. This statute outlines the conditions under which out-of-state wineries can ship wine directly to consumers in South Dakota. Key provisions include the requirement for the winery to hold a valid out-of-state winery permit issued by the South Dakota Department of Revenue. This permit process ensures that the out-of-state entity is a legitimate, licensed winery. Furthermore, the law mandates that shipments can only be made to individuals who are at least 21 years of age, and that the wine shipped must be for personal consumption, not for resale. The law also requires that the winery report and pay all applicable South Dakota excise taxes and sales taxes on these direct shipments. The volume of wine that can be shipped directly to a consumer within a given period is also often regulated, typically on an annual basis, to prevent large-scale commercial importation by individuals. The intent of such regulations is to balance consumer access to a wider variety of wines with the state’s interest in regulating alcohol sales and collecting tax revenue. Therefore, a winery must be properly permitted and adhere to tax obligations and age verification requirements to legally ship to South Dakota consumers.

South Dakota law, specifically SDCL 35-4-42, outlines the regulations concerning the sale of wine. This statute addresses the permissible hours and days for the sale of alcoholic beverages, including wine, by licensed retailers. The law generally permits sales from 7:00 AM to 2:00 AM on any day of the week. However, it also grants municipalities and counties the authority to enact ordinances that may further restrict these hours or prohibit sales on specific days, such as Sundays or holidays. Therefore, while the state law provides a general framework, local ordinances can impose stricter limitations. Understanding the interplay between state statutes and local ordinances is crucial for compliance. The question focuses on a scenario where a retailer is operating within the state’s general hours but potentially in violation of a local restriction. The correct understanding is that the local ordinance takes precedence in this specific situation.

The scenario describes a wine manufacturer in South Dakota that wishes to sell its products directly to consumers at a farmers’ market located in a different county within South Dakota. South Dakota law, specifically SDCL 35-4-42, governs the direct sales of wine by manufacturers. This statute permits a licensed manufacturer to sell wine directly to consumers for off-premises consumption. However, the law also imposes territorial restrictions. A manufacturer is generally limited to selling at their licensed premises or at locations specifically authorized by law. Selling at a farmers’ market in a different county, without specific authorization for that type of remote sale or a separate permit allowing such activity, would typically fall outside the scope of general direct sales provisions. The Alcohol Beverage Control Enforcement unit of the South Dakota Department of Public Safety is responsible for enforcing these laws. Without a specific provision or permit that allows a South Dakota wine manufacturer to conduct retail sales of their wine at a farmers’ market in a county other than the one where their manufacturing facility is located, such an activity would be prohibited. The ability to sell at a farmers’ market is not an inherent right of a manufacturer’s license; it requires specific statutory allowance or a separate retail license for that particular location, which is not implied in the scenario. Therefore, the manufacturer cannot legally sell at the farmers’ market in the adjacent county.

South Dakota law, specifically SDCL 35-6-21, addresses the licensing requirements for wineries. This statute outlines that a Class 1 manufacturer’s license is required for a winery to produce and sell wine within the state. The law further specifies that a winery holding a Class 1 license may, under certain conditions and with additional permits, sell wine directly to consumers at the winery premises for on-premises or off-premises consumption. It also permits the sale of wine to licensed wholesalers and retailers within South Dakota. The question probes the fundamental licensing structure for a winery operating within South Dakota. The correct answer reflects the primary license category necessary for a winery to legally conduct its operations, including production and sales, as stipulated by state statutes. Incorrect options might refer to different license classes not applicable to wineries, or imply limitations on sales channels that are not present in the law for licensed wineries. The ability to sell directly to consumers at the premises or to licensed distributors are privileges granted under the Class 1 license, not separate or primary licensing requirements for the winery itself.

South Dakota law, specifically SDCL 35-1-5.1, governs the licensing and operation of wineries within the state. This statute outlines the requirements for obtaining a Class 1 manufacturer’s license, which is necessary for producing wine in South Dakota. A key aspect of this licensing is the requirement for a physical production facility located within the state. This facility must be capable of, and actively used for, the actual production of wine. The law does not permit a winery to operate solely as a distribution or sales point without an integrated manufacturing component within South Dakota. Therefore, a business seeking to produce wine in South Dakota must establish and maintain a physical manufacturing presence within the state’s borders to be eligible for the appropriate license. Without this, the business would not meet the statutory definition of a winery operating under a Class 1 manufacturer’s license.

South Dakota law, specifically SDCL 35-1-1.1, defines “wine” broadly to include any alcoholic beverage produced from the fermented juice of grapes or other fruits, including berries. This definition is critical for understanding licensing and distribution regulations. When considering a product that is a blend of grape wine and a spirit distilled from grain, the classification hinges on the primary component and the intent of the producer. If the base product is grape wine, and a spirit is added, it may still be classified as wine if the spirit is used as a fortifying agent or flavor enhancer, and the product’s overall character remains that of wine. However, if the addition of grain-distilled spirit significantly alters the character or increases the alcohol content beyond what is typically associated with fortified wines, it could potentially be classified as a different type of alcoholic beverage, requiring a different license. In South Dakota, the Alcoholic Beverage Control division interprets these classifications based on the overall composition and the intent of the product. The key is whether the spirit addition transforms it into something fundamentally different from wine as defined by state statute. The question tests the understanding of how additions to a base product affect its legal classification under South Dakota’s alcoholic beverage laws, particularly the definition of wine and the implications of adding distilled spirits. The crucial element is the base of the product and whether the added spirit alters its fundamental classification away from “wine” as defined.

South Dakota law, specifically SDCL Chapter 35-6, outlines the regulations concerning the sale and distribution of wine. A key aspect of these regulations pertains to the licensing requirements for entities involved in the wine industry. For a winery located in South Dakota that wishes to sell its wine directly to consumers at its premises, it must possess a valid Class 1 manufacturer’s license. This license permits the sale of wine produced by the licensee at the licensed premises for consumption on or off the premises. Furthermore, if this same winery intends to ship its wine directly to consumers in other states, it must comply with the laws of those receiving states, which often require a separate direct-to-consumer shipping license or permit from that state. The question focuses on the initial licensing requirement within South Dakota for a winery to operate and sell its product on-site. Therefore, the Class 1 manufacturer’s license is the foundational requirement for a South Dakota winery to conduct such sales. Other license types, such as a Class 2 wholesaler’s license, are for distributors, and a Class 3 retailer’s license is for establishments that sell wine to consumers for off-premises consumption but do not manufacture it. A Class 4 liquor license is a broader category that includes spirits and is not specific to wine manufacturing and direct sales at the premises.