35-10-13. Determination as to status of beverages seized--Order for return to owner or confiscation.
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 owner of the beverages. If the court determines that there was use or possession in violation of provisions of this title, the court shall adjudge the confiscation of the beverages.
Source: SDC 1939, §5.0122; SL 2008, ch 37, §198.
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 35-10-13 - 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 35-10-19 - 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.