Title 35 — ALCOHOLIC BEVERAGES

The secretary may promulgate rules, pursuant to chapter 1-26 , regarding the following matters involving the sale, purchase, distribution, and licensing of alcoholic beverages under this title: (1) The marking of bottles, cans, and other containers of alcoholic beverages showing …

Any alcoholic beverage used or possessed in violation of provisions of this title constitutes contraband goods, and is subject to confiscation as provided in this chapter. Any judgment of conviction of illegal use or possession against the person from whom the beverages were take…

If there is no dismissal of prosecution or no judgment of conviction of illegal use or possession of alcoholic beverages, any officer seizing the beverages may apply to the court that issued the search warrant under which the beverages were seized, or if the beverages were not se…

Upon hearing, the court shall determine whether alcoholic beverages seized were in fact used or possessed in violation of provisions of this title. If the court finds there was no such illegal use or possession, the court shall order the beverages returned to or held for the owne…

Upon any adjudication in any form of confiscation of alcoholic beverages, the officer having custody of the beverages shall make a full report to the secretary setting forth the quantity, kind, and probable value of the beverages. If the beverages are of such character that the b…

If confiscated alcoholic beverages are lawfully salable, and of sufficient value to justify an attempted sale, the secretary shall take custody of the alcoholic beverages, and shall, pending sale, store the beverages at any convenient and safe place. Source: SDC 1939, § 5.0122; S…

If confiscated alcoholic beverages accumulate in sufficient quantities, the secretary shall notify all licensed wholesalers as to kinds and types of alcoholic beverages in the secretary's custody for sale. The secretary shall receive bids, and sales shall be made on the basis of …

Any structure, conveyance, or place where alcoholic beverages are manufactured, sold, kept, bartered, given away, found, consumed, or used in violation of the laws of the state, relating to alcoholic beverages, and all alcoholic beverages and property kept and used in maintaining…

If a person has knowledge or reason to believe that the person's structure, conveyance, or place is occupied or used for the manufacture, sale, bartering, giving away, keeping, consuming, or using of alcoholic beverages, contrary to the provisions of the laws of the state, and if…

An action to enjoin any nuisance, as defined in § 35-10-17 , may be brought in the name of the State of South Dakota by the attorney general or by the state's attorney of the county in which the property constituting the nuisance is located. Any action to abate or to enjoin the n…

An action pursuant to § 35-10-19 may be maintained in any court having jurisdiction over such an action. An injunction may be secured against the premises in which the nuisance exists and against any person, partnership, club, association, or corporation, either severally or join…

If, in an action pursuant to § 35-10-19 , it is made to appear by affidavits or otherwise, to the satisfaction of the court, or judge in vacation, that a nuisance exists, a temporary writ of injunction shall be issued, restraining the defendant from conducting or permitting the c…

It is not necessary in an action pursuant to § 35-10-19 for the court to find the property involved was being unlawfully used as described in § 35-10-17 at the time of the hearing. However, on finding that the material allegations of the petition are true, the court shall order t…

Notwithstanding § 35-10-22 , the court may permit the structure, conveyance, or place to be occupied or used if the owner, lessee, tenant, or occupant of the structure, conveyance, or place gives bond with sufficient surety, to be approved by the court making the order, in the pe…

In contempt proceedings arising out of the violation of any order or injunction granted in any action or proceeding pursuant to § 35-10-19 , the court or the judge thereof shall summarily, and without jury, try and punish the person or persons guilty thereof. The affidavits upon …

The accused in any proceeding pursuant to § 35-10-25 may plead in the same manner as to an information or indictment, insofar as the same is applicable. Evidence may be oral or in the form of affidavits, or both. The court may require the defendant to answer interrogatories, eith…

Except as otherwise provided in §§ 35-10-25 and 35-10-26 , the practice in contempt proceedings pursuant to § 35-10-25 shall conform as nearly as may be to the practice in contempt proceedings which is now or may hereafter be prescribed by the laws of this state. Source: SL 1939,…

For the purposes of any hearing provided for by this title, the secretary may exercise the powers granted by §

Any cost penalty provided for by this title shall be included in the judgment of conviction and has all the force and effect of a judgment in a civil action. If the person against whom the cost penalty is assessed has furnished a bond as a licensee under this title, the surety is…

If any licensed dealer in alcoholic beverages or the dealer's agent or employee is convicted of: (1) A violation of any provision of this title, or any law or ordinance regulating the sale of alcoholic beverages; or (2) Any violation of law or ordinance in the operation of the li…