35-10-21. Temporary injunction in action to enjoin nuisance.
If, in an action pursuant to §35-10-19, it is made to appear by affidavits or otherwise, to the satisfaction of the court, or judge in vacation, that a nuisance exists, a temporary writ of injunction shall be issued, restraining the defendant from conducting or permitting the continuance of the nuisance until the conclusion of the trial. If a temporary injunction is sought, the court may issue an order restraining the defendant and all other persons from removing, or in any way interfering, with the alcoholic beverages or fixtures, or other things used in connection with the violation of the laws of this state constituting the nuisance.
Source: SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 2018, ch 213, §132.
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.