35-10-12. Application by officer for judicial determination as to beverages--Notice of time and place of hearing.
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 seized under a search warrant, to any court of record for the county where the beverages were seized, for an order determining whether the beverages were, in fact, possessed or used in violation of the provisions of this title. The court shall thereupon make an order fixing a time and place for hearing and providing for reasonable notice of the hearing to the person from whom the beverages were seized and to any probable claimant of the beverages. If the person or claimant is unknown, the notice may be by posting or publication as the court directs.
Source: SDC 1939, §5.0122; SL 2008, ch 37, §197.
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.