35-10-11. Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal.
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 taken constitutes a confiscation of the beverages unless the beverages, within twenty days after the judgment, are claimed by some other person who establishes to the satisfaction of the court that the person is the true owner and had no participation in the illegal use or possession. If prosecution on any such charge terminates in a dismissal of the charge, any such beverages, if previously seized, shall be returned to the owner.
Source: SDC 1939, §5.0122; SL 1971, ch 211, §115; SL 2008, ch 37, §196.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 10 - Enforcement Powers And Procedures
Section 35-10-1 - Promulgation of rules.
Section 35-10-4 - Subpoena and administration of oaths by secretary.
Section 35-10-8 - Enforcement and collection of cost penalties assessed for violations.
Section 35-10-9 - Notice of convictions mailed to local and state licensing authorities.
Section 35-10-14 - Report of beverages confiscated--Destruction of unsalable beverages.
Section 35-10-15 - Custody and storage of salable confiscated beverages.
Section 35-10-16 - Sale by secretary of confiscated beverages--Disposition of proceeds.
Section 35-10-19 - Action to enjoin nuisance--Bond not required.
Section 35-10-20 - Action secured against premises--Parties defendant.
Section 35-10-21 - Temporary injunction in action to enjoin nuisance.
Section 35-10-23 - Bond to secure occupancy of place of violation--Conditions.
Section 35-10-25 - Summary punishment for contempt--Affidavits as prima facie case.
Section 35-10-26 - Pleadings and evidence in contempt actions.
Section 35-10-27 - Proceedings governed by general law of contempt.