34-18-26. Notice and correction of deficiencies--Closure order on failure to correct deficiency--Injunctive relief.
If, upon an inspection, it is determined that a lodging establishment, campground, food service establishment, or mobile food service establishment is not being conducted or is not equipped and maintained in a manner and condition required by the provisions of this chapter and the rules promulgated thereunder the secretary or an authorized department inspector shall notify the owner or operator of the lodging establishment, campground, food service establishment, or mobile food service establishment of such changes or alterations as are considered necessary for complete compliance. The owner shall make such changes and alterations necessary to put the lodging establishment, campground, food service establishment, or mobile food service establishment in a condition that complies with the provisions of this chapter and rules promulgated thereunder. If, after proper notice, the owner refuses or fails to comply within sixty days following notification, the secretary shall, subject to the requirements of chapter 1-26, issue a closure order to the owner of the establishment or campground until such requirements are complied with. If the establishment or campground continues operation after a closure order is issued, the secretary may refer the matter to the state's attorney for appropriate action or the attorney general's office for injunctive relief.
Source: SL 1907, ch 165, §10; SL 1909, ch 185, §10; SL 1913, ch 238, §7; SL 1915, ch 215, §7; RC 1919, §7827; SL 1921, ch 256, §5; SL 1935, ch 173, §4; SDC 1939, §27.1708; SL 1955, ch 94, §4; SL 1963, ch 158, §5; SL 1970, ch 199, §14; SL 1972, ch 15, §4; SL 1986, ch 281, §4; SL 1988, ch 279, §5.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds
Section 34-18-1 - Definition of terms.
Section 34-18-6 - Agreements between secretary of health and other agencies.
Section 34-18-8 - Deposit and accounting for money received.
Section 34-18-9.1 - Definition of terms related to bed and breakfast establishments.
Section 34-18-9.2 - Exemption for bed and breakfast establishment.
Section 34-18-10 - Annual license required--Contents of application.
Section 34-18-10.2 - Notice--Closure order on failure to secure license--Injunctive relief.
Section 34-18-10.3 - Verification requirement for annual renewal of license.
Section 34-18-11 - Annual fees for food service and lodging establishment licenses.
Section 34-18-11.1 - Annual campground license fee.
Section 34-18-11.2 - Annual fees for water recreational facilities.
Section 34-18-13 - Prorated license fee for less than full year.
Section 34-18-14 - Issuance of license when establishment in compliance.
Section 34-18-14.1 - Issuance of provisional license.
Section 34-18-15 - Expiration of license--New license required on change in ownership or location.
Section 34-18-16 - Mobile food service license fee.
Section 34-18-21.1 - Confidentiality of information obtained through inspection of records.
Section 34-18-21.2 - Review of requests for inspection of records.
Section 34-18-22 - Health and safety requirements--Procedure for rules and regulations.
Section 34-18-22.1 - Fire safety standards for specialty resort with less than ten occupants.
Section 34-18-22.2 - Fire safety standards for specialty resort with ten or more occupants.
Section 34-18-22.3 - Fire safety standards for vacation home establishments.
Section 34-18-23 - Notice to department of construction and alteration of establishments.
Section 34-18-24 - Departmental inspections of lodging establishments and campgrounds.
Section 34-18-25.2 - Refusal to allow inspection--Suspension or revocation proceedings.
Section 34-18-25.3 - Inspection of exempt establishments and campgrounds--Scope.
Section 34-18-26.1 - Follow-up inspection--Fee.
Section 34-18-26.2 - Expedited follow-up inspection process.
Section 34-18-27 - Summary suspension of license on discovery of hazardous condition.
Section 34-18-27.1 - Grounds for denial, suspension, or revocation of license.
Section 34-18-27.2 - Consideration of new application after correction of conditions.
Section 34-18-28 - Request for hearing on license suspension or revocation or closure order.
Section 34-18-31 - Precedence over other statutes.
Section 34-18-33 - Severability of provisions.
Section 34-18-34 - Farmer's market fresh fruits and vegetables--Licensure exemption.
Section 34-18-35 - Sale of homemade foods and food products.
Section 34-18-36 - Canned goods––Requirements.
Section 34-18-36.1 - Food safety training––Authorized sales.
Section 34-18-37 - Label requirements.
Section 34-18-38 - Exemption from licensure––Requirements.
Section 34-18-39 - Definition of terms--Camping liability--Immunity.
Section 34-18-40 - Camping liability--Immunity granted.