37-26-11. Attorney general's action for injunctive relief--Recovery of penalty for state--Maximum amount--Receivership--Disposition of civil penalties.
The attorney general shall investigate violations of this chapter. If, from information in his possession there are reasonable grounds to believe that any person has violated or is about to violate any provisions of this chapter, or that any club is insolvent, the attorney general shall on behalf of the state, sue for and seek injunctive relief against any such violations or threatened violations. The attorney general shall also sue for and recover for the state, from any person who is found to have violated any provision of this chapter, a civil penalty, in an amount to be determined by the court, not in excess of twenty-five thousand dollars. If a club has failed to maintain the bond required by this chapter, or is insolvent or in imminent danger of insolvency, the attorney general shall sue for and have an order appointing a receiver for the property, assets, business and affairs of the club. All civil penalties recovered under this section shall be deposited in the general fund of the state treasury.
Source: SL 1975, ch 246, §11; SL 1987, ch 29, §54.
Structure South Dakota Codified Laws
Section 37-26-1 - Definition of terms.
Section 37-26-2 - Fraudulent offer or sale of membership as felony.
Section 37-26-3 - Bond required of buying club--Amount.
Section 37-26-4 - Loss covered by bond--Filing and approval of bond--Action on bond.
Section 37-26-5 - Liability of surety limited to amount of bond.
Section 37-26-7 - Violation of chapter as felony.
Section 37-26-8 - Punishment under other criminal laws not prevented by chapter.
Section 37-26-9 - Consumer protection avoidance period provisions applied.
Section 37-26-10 - Civil action for damages from violation of chapter--Equitable relief.