35-2-21. Suspension in lieu of revocation of license--Maximum period--Compromise settlement.
If a violation is established in any proceeding under this title, but the secretary determines due to the nature and the circumstances of the violation, a suspension of the license is adequate, the secretary may, instead of revoking the license, suspend the license for a period not exceeding sixty days. During the period of the suspension, the licensee may not exercise any rights or privileges under the license. The secretary may, in lieu of suspending or revoking the license, accept a monetary settlement of any proceeding under this title. The amount of the settlement may not exceed seventy-five thousand dollars. The secretary may also recover the actual costs of investigation and prosecution.
Source: SDC 1939, §5.0104; SL 1971, ch 211, §23; SL 1991, ch 296; SL 2008, ch 37, §152; SL 2010, ch 180, §18; SL 2015, ch 196, §24, eff. Jan. 1, 2016; SL 2018, ch 213, §39.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 02 - Licensing Policies And Procedures
Section 35-2-1 - License application--Contents.
Section 35-2-1.1 - Applications submitted to secretary--Approval if suitable.
Section 35-2-1.2 - Applications submitted to local governing body--Fee--Approval or disapproval.
Section 35-2-2.1 - Agreement by license applicant granting access to premises and records.
Section 35-2-3 - Hearing required before issuance of retail license.
Section 35-2-5 - Time and place of hearing on retail license--Publication of notice.
Section 35-2-5.3 - Licensing authority may not reissue on-sale license not actively used.
Section 35-2-6.2 - Character requirements for licensees.
Section 35-2-6.3 - Ownership or lease of premises required of licensees--Ownership of business.
Section 35-2-6.8 - Manufacturers and wholesalers permitted to pour or serve at certain events.
Section 35-2-9 - Sale of stock in trade on termination of license.
Section 35-2-10 - Violation as ground for revocation or suspension of license--Multiple licenses.
Section 35-2-10.3 - Compliance checks of prohibited alcohol sales to persons under age twenty-one.
Section 35-2-12 - Investigation--Revocation or suspension proceedings.
Section 35-2-13 - Right to hearing on action on application or license.
Section 35-2-19 - Termination of rights after revocation of license.
Section 35-2-24 - Requirements for reissuance of license.