(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(B) When not consistent with the context, words used in present tense include the present and future; words in plural number include singular number; and words in the singular number shall include the plural number. The word “shall” is always mandatory and not merely directory.
CITY. The City of Springfield, South Dakota.
MALT BEVERAGE. Shall conform to the meaning intended by SDCL § 35-4.2 as principally a liquor with malt-base derivative, commonly referred to as beer. It shall not include other alcoholic beverages.
MALT BEVERAGE LICENSEE. Shall conform to the definition intended by SDCL § 35-4.2. ON-SALE and OFF-SALE LICENSEES shall be defined in accordance with statutory licensing definitions established by state statutes.
MARKUP. A percentage applied to, or calculated on, the total invoice, including transportation charges (commonly referred to as the cost of goods “laid in”). The MARKUP shall be based on the combined total cost of the goods purchased plus the transportation, if any.
PURCHASE. When referring to the licensee, shall mean the purchase, acquisition, buying, inventory replenishment, and/or acceptance of delivery or possession by the licensee for resale. Presence of malt beverages on the premises shall be construed as having been PURCHASED, whether acquired by gift, transfer from another source, brought in or transferred onto the licensee’s premises from the owner’s supplies elsewhere, or from any other source or method resulting in placing of malt beverages on or in the premises of the licensee.
WHOLESALER, DISTRIBUTOR or SUPPLIER. Shall refer to the wholesaler, provider, distributor, supplier, transporter, deliverer, and/or any other person or firm making malt beverages available to the licensee for resale; or one who transfers possession thereof, whether actively or constructively involved in such activity, or through an agent or employee.
(Prior Code, § 6.0903)