N.D. Cent. Code § 5-01-19.2

5-01-19.2. Manufacturing distillery - Satellite locations

1. The tax commissioner may issue a manufacturing distillery license to the owner or

operator of a distillery located within this state which uses a majority of North Dakota

farm products to manufacture and sell spirits produced on the premises. A

manufacturing distillery license may be issued and renewed for an annual fee of

one hundred dollars. This fee is in lieu of all other license fees required by this title.

The tax commissioner may not issue the manufacturing distillery license until the

applicant has established the applicant has applied for and obtained the necessary

federal registrations and permits, as required under the Internal Revenue Code of

1986 [26 U.S.C. 5001 et seq.] and the federal Alcohol Administration Act [27 U.S.C.

203], for the operation of a distilled spirits plant.

2. A manufacturing distillery may sell spirits produced by that distillery at off sale, in retail

lots, and not for resale, and may sell or direct ship its spirits to persons inside or

outside the state in a manner consistent with the laws of the place of the sale or

delivery in total quantities not in excess of forty thousand gallons [151416 liters] in a

calendar year.

a. Direct sales within this state are limited to two and thirty-eight hundredths gallons

[9 liters] or less per month per person for personal use and not for resale. The

packaging must conform with the labeling requirements in section 5-01-16. A

licensee may dispense free samples of the spirits offered for sale. Subject to local

ordinance, sales at off sale may be made on Sundays between twelve noon and

twelve midnight.

b. A manufacturing distillery may hold events inside its premises and at its satellite

location. The tax commissioner may issue event permits for not more than forty

event days per calendar year to a manufacturing distillery to allow the

manufacturing distillery, subject to local ordinance, to give free samples of its

product and to sell its product by the glass or in closed containers at events on

the premises, off the premises, and at its satellite location.

c. A manufacturing distillery may not engage in any wholesaling activities. Except as

provided by section 5-01-19.1, all sales and deliveries of spirits to any other retail

licensed premises in this state may be made only through a licensed North

Dakota liquor wholesaler. However, a manufacturing distillery may sell distilled

spirits to a domestic winery if the distilled spirits were produced from products

provided to the manufacturing distillery by the domestic winery.

3. a. As used in this subsection, "samples" means the serving of free tastings of a

manufacturing distillery's products not to exceed six ounces [0.18 liter] of spirits

per individual per day.

b. A manufacturing distillery may operate one satellite location in addition to its

licensed premises for the purpose of providing samples and on sale or off sale

retail sales.

(1) The spirits sampled or sold at the satellite location must be produced by the

manufacturing distillery.

(2) A manufacturing distillery may not produce any spirits at the satellite

location.

(3) An event permit issued to a manufacturing distillery in accordance with

subsection 2 for an indoor or outdoor event held at its satellite location does

not count towards the forty event days per calendar year allowed under

subsection 2. The manufacturing distillery may offer free samples of its

spirits and may sell its spirits by the glass or in closed containers at the

event held at the satellite location.

(4) The satellite location must be owned or leased by the manufacturing

distillery licensee.
event held at its satellite location does

not count towards the forty event days per calendar year allowed under

subsection 2. The manufacturing distillery may offer free samples of its

spirits and may sell its spirits by the glass or in closed containers at the

event held at the satellite location.

(4) The satellite location must be owned or leased by the manufacturing

distillery licensee.

(5) A manufacturing distillery may not engage in wholesaling activities at its

satellite location.

c. A manufacturing distillery shall obtain a satellite location license from the tax

commissioner before operating a satellite location. The tax commissioner may

issue and renew a satellite location license for an annual fee of one hundred

dollars. This fee is in addition to all other license fees required by this title.

d. A manufacturing distillery is liable for any violation of alcohol or licensing

requirements committed on the premises of its satellite location.

4. A person may not hold a manufacturing distillery license and a domestic distillery

license.

5. A manufacturing distillery may obtain a manufacturing distillery license and a retailer

license allowing the on-premises sale of alcoholic beverages at a restaurant owned by

the licensee and located at the manufacturing distillery's satellite location.

6. A manufacturing distillery is subject to section 5-03-06 and shall report and pay

annually to the tax commissioner the wholesaler taxes due on all spirits sold by the

licensee at retail or to a retail licensee, including all spirits shipped directly to

consumers as set forth in sections 5-03-07 and 57-39.6-02. The annual wholesaler tax

reports are due January fifteenth of the year following the year sales were made. The

report must provide the detail and be in a format as prescribed by the tax

commissioner. The tax commissioner may require the report to be submitted in an

electronic format approved by the tax commissioner.