South Dakota Codified Laws
Chapter 10 - Enforcement Powers And Procedures
Section 35-10-11 - Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal.

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

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 35-10-11 - Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal.

Section 35-10-12 - Application by officer for judicial determination as to beverages--Notice of time and place of hearing.

Section 35-10-13 - Determination as to status of beverages seized--Order for return to owner or confiscation.

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 35-10-17 - Place used for violation of beverage laws as common nuisance--Maintenance as misdemeanor.

Section 35-10-18 - Lien against place of violation for fines and costs assessed--Enforcement of lien.

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 35-10-22 - Order prohibiting manufacture, sale or storage of beverages and occupancy of place of violation.

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.