The secretary may promulgate rules, pursuant to chapter 1-26, regarding the5 following matters involving the sale, purchase, distribution, and licensing of alcoholic beverages6 under this title: (1)The marking of bottles, cans, and other containers of alcoholic beverages showing8 the quantity of alcohol by weight and contents of the container; (2)The invoicing of alcoholic beverages to licensees; (3)Advertising and the offering of inducements by manufacturers and wholesalers to11 retailers or retailers to the consumer and may adopt the uniform code on advertising12 in whole or in part; (4)The giving of samples by manufacturer and wholesaler licensees; (5)The conduct of hearings for the suspension or revocation of licenses; 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -SB (6)The prohibition of discriminatory or unfair practices and the preclusion of1 subterfuges for the accomplishment of discrimination, including the filing and2 amendment of price schedules, preservation and conformity to price schedules, limitation of quantity discounts, extensions of credit by manufacturers or wholesalers4 to retail licensees, prohibiting cash discounts, commercial bribery, prescribing certain5 types of advertising specialties as being allowable, prohibiting unfair trade practices, requiring sale and delivery in its entirety, prohibiting participation in a violation by7 any class licensee or foreign dealer, prescribing periods of audit of licensees, limiting8 advertising that has a utility value to the retailers, prescribing rules for the9 miscellaneous disposition of liquor as gifts by manufacturers and wholesalers or10 breakage claimed by manufacturers or wholesalers. However, the secretary may not limit quantity discounts or prohibit cash discounts that a retailer offers a consumer except as provided in § 35-4-129; (7)The reporting of information by corporations licensed under this title or seeking to14 be licensed under this title relating to the full disclosure of corporate information15 including stockholders, other licenses held, providing for hearing in the case of16 voluntary transfer and requiring report in case of involuntary transfers of stock; (8)Bottle sizes of alcoholic beverages offered for sale. However, the department may not18 place any restrictions upon the distribution of 1.75 liter containers to any on-sale19 licensee, licensed pursuant to subdivision 35-4-2(4) or (6); (9)Requiring licensees to furnish breakdowns and statistical information of various21 types of alcoholic beverages sold to consumers or to retail licensees for the22 consumers' use; (10)The application, determination, and computation of the tax; and24 - 3 -SB (11)The determination of purchase price.1