reglab/housing_qa huggingface dataset:
SD Codified L § 35-9-4.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-4.1 - Legislative intent and purpose for raising minimum drinking age.

35-9-4.1. Legislative intent and purpose for raising minimum drinking age.The South Dakota Legislature enacts chapter 261 of the 1987 Session Laws to raise the state's minimum drinking age to twenty-one years of age solely under the duress of a funding sanction imposed by the United States Department of Transportation under 23 U.S.C §158. The Legislature strongly objects to being forced to choose between loss of highway construction funds, which are badly needed to construct priority road projects to promote the public health and safety of the state's inhabitants and visitors, and loss of its right to set its own drinking age. The action taken by this Legislature shall not be construed as a concession or waiver of its constitutional right to establish at what age an individual may lawfully purchase, possess, and consume alcoholic beverages. Rather, it is taken to ensure that South Dakota is not penalized while it challenges in the United States Supreme Court the federal government's attempt to usurp the state's right to regulate the drinking age of its citizens. This legislation is enacted with the expressed intent of providing the South Dakota attorney general the maximum flexibility to pursue South Dakota's challenge to the federal government's intrusion into a right reserved to the state while ensuring the full availability of federal highway funds for the 1988 construction season. It is the intent of this Legislature that if at any time before or after the effective date of this legislation the provisions of 23 U.S.C §158 are repealed, expired or declared invalid by the United States Supreme Court, the provisions of this legislation shall become null and void and any provision repealed by SL 1987, ch 261 shall be revived pursuant to §2-14-19. Source: SL 1987, ch 261.
SD Codified L § 35-9-6 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-6 - Determination of venue when minor apprehended for purchase, possession, or consumption of alcoholic beverage.

35-9-6. Determination of venue when minor apprehended for purchase, possession, or consumption of alcoholic beverage.In any arrest, citation, or prosecution arising from a violation of §35-9-2, if the person is apprehended for:(1)The purchase or attempted purchase of alcoholic beverages, the venue is the locality where the purchase or attempted purchase occurred;(2)The possession or consumption of alcoholic beverages, the venue is the locality where the person was apprehended or any other locality where the person possessed or consumed any portion of the alcoholic beverages. Source: SL 2000, ch 186, §1; SL 2001, ch 197, §1.
SD Codified L § 35-9-6.1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-6.1 - Determination of venue in juvenile adjudication arising from purchase, possession, or consumption of alcoholic beverage.

35-9-6.1. Determination of venue in juvenile adjudication arising from purchase, possession, or consumption of alcoholic beverage.In any juvenile adjudication arising from a violation of §35-9-2, if the person is apprehended for:(1)The purchase or attempted purchase of alcoholic beverages, the venue is the locality where the purchase or attempted purchase occurred or the juvenile's county of residence;(2)The possession or consumption of alcoholic beverages, the venue is the locality where the juvenile was apprehended or any other locality where the juvenile possessed or consumed any portion of the alcoholic beverages or the juvenile's county of residence. Source: SL 2001, ch 197, §2.
SD Codified L § 35-9-7 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-7 - Driver's license suspension or restriction for certain violations.

35-9-7. Driver's license suspension or restriction for certain violations.If the conviction or adjudication for a violation of §35-9-1.1 or 35-9-2 is for a first offense, the court may, in addition to any other penalty allowed by law, order the suspension of the person's driving privileges for a period not less than thirty days and not to exceed one year. Moreover, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school or to court-ordered counseling programs during the hours of the day and the days of the week set forth in the order. The court may also restrict the privilege in some other manner as the court may see fit for a period not to exceed one year.If the conviction or adjudication for a violation of §35-9-1.1 or 35-9-2 is for a second or subsequent offense, the court may, in addition to any other penalty allowed by law, order the suspension of the person's driving privileges for a period not less than sixty days and not to exceed one year. Moreover, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school or to court-ordered counseling programs during the hours of the day and the days of the week set forth in the order. The court may also restrict the privilege in some other manner as the court may see fit for a period not to exceed one year. Source: SL 2000, ch 177, §2; SL 2001, ch 174, §2; SL 2002, ch 174, §1; SL 2012, ch 192, §1.
SD Codified L § 35-9-8 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-8 - Driver's license revocation for certain violations.

35-9-8. Driver's license revocation for certain violations.If the conviction or adjudication for a violation of §35-9-1 is for a first offense, the court shall, in addition to any other penalty allowed by law, order the revocation of the defendant's driving privileges for a period not less than thirty days and not to exceed one year. However, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school or to court-ordered counseling programs during the hours of the day and the days of the week set forth in the order. The court may also restrict the privilege in such manner as it sees fit for a period not to exceed one year.If the conviction or adjudication for a violation of §35-9-1 is for a second or subsequent offense, the court shall, in addition to any other penalty allowed by law, order the revocation of the defendant's driving privileges for a period not less than sixty days and not to exceed one year. Source: SL 2001, ch 174, §3.
SD Codified L § 35-9-9 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-9 - Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor.

35-9-9. Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor.No person, acting as a social host, may, knowingly, permit any person under the age of eighteen to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of this section is a Class 1 misdemeanor. Source: SL 2014, ch 177, §1.
SD Codified L § 35-9-10 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-10 - Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty--Misdemeanor.

35-9-10. Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty--Misdemeanor.No person, acting as a social host, may, knowingly, permit any person aged eighteen, nineteen, or twenty to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of this section is a Class 2 misdemeanor. Source: SL 2014, ch 177, §2.
SD Codified L § 35-9-11 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-11 - Defense available to social host.

35-9-11. Defense available to social host.It is a defense against a conviction for a violation of §§35-9-9 and 35-9-10 that, immediately upon learning of the illegal consumption, the social host or an agent of the social host took effective and appropriate action to stop the illegal consumption and to secure or to attempt to secure the contraband alcoholic beverages. Source: SL 2014, ch 177, §3.
SD Codified L § 35-9-12 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-12 - Social host's lack of physical presence not a defense.

35-9-12. Social host's lack of physical presence not a defense.It is not a defense of a violation of §§35-9-9 and 35-9-10 that the social host was not physically present on or at the premises if the social host knew that illegal consumption of alcoholic beverages would occur in his or her absence. Source: SL 2014, ch 177, §4.
SD Codified L § 35-9-13 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 09 - Age Requirements For Consumption Of Beverages|Section 35-9-13 - Social host defined.

35-9-13. Social host defined.For purposes of §§35-9-9 to 35-9-12, inclusive, the term, social host, means anyone who hosts a social gathering and knowingly condones the illegal consumption of alcohol by underage persons on property that the host controls. Source: SL 2014, ch 177, §5.
SD Codified L § 35-10-1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-1 - Promulgation of rules.

35-10-1. Promulgation of rules.The secretary may promulgate rules, pursuant to chapter 1-26, regarding the following matters involving the sale, purchase, distribution, and licensing of alcoholic beverages under this title:(1)The marking of bottles, cans, and other containers of alcoholic beverages showing the quantity of alcohol by weight and contents of the container;(2)The invoicing of alcoholic beverages to licensees;(3)Advertising and the offering of inducements by manufacturers and wholesalers to retailers or retailers to the consumer and may adopt the uniform code on advertising in whole or in part;(4)The giving of samples by manufacturer and wholesaler licensees;(5)The conduct of hearings for the suspension or revocation of licenses;(6)The prohibition of discriminatory or unfair practices and the preclusion of subterfuges for the accomplishment of discrimination, including the filing and amendment of price schedules, preservation and conformity to price schedules, limitation of quantity discounts, extensions of credit by manufacturers or wholesalers to retail licensees, prohibiting cash discounts, commercial bribery, prescribing certain types of advertising specialties as being allowable, prohibiting unfair trade practices, requiring sale and delivery in its entirety, prohibiting participation in a violation by any class licensee or foreign dealer, prescribing periods of audit of licensees, limiting advertising that has a utility value to the retailers, prescribing rules for the miscellaneous disposition of liquor as gifts by manufacturers and wholesalers or breakage claimed by manufacturers or wholesalers;(7)The reporting of information by corporations licensed under this title or seeking to be licensed under this title relating to the full disclosure of corporate information including stockholders, other licenses held, providing for hearing in the case of voluntary transfer and requiring report in case of involuntary transfers of stock;(8)Bottle sizes of alcoholic beverages offered for sale. However, the department may not place any restrictions upon the distribution of 1.75 liter containers to any on-sale licensee, licensed pursuant to subdivision 35-4-2(4) or (6);(9)Requiring licensees to furnish breakdowns and statistical information of various types of alcoholic beverages sold to consumers or to retail licensees for the consumers' use;(10)The application, determination, and computation of the tax; and(11)The determination of purchase price. Source: SL 1965, ch 20; SL 1971, ch 211, §113; revised pursuant to SL 1972, ch 15, §4; SL 1987, ch 82, §52; SL 1995, ch 53, §12; SL 2010, ch 187, §1; SL 2018, ch 213, §128.
SD Codified L § 35-10-4 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-4 - Subpoena and administration of oaths by secretary.

35-10-4. Subpoena and administration of oaths by secretary.For the purposes of any hearing provided for by this title, the secretary may exercise the powers granted by §1-26-19.1. Source: SDC 1939, §5.0102; revised pursuant to SL 1972, ch 15, §4; SL 2010, ch 180, §62.
SD Codified L § 35-10-8 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-8 - Enforcement and collection of cost penalties assessed for violations.

35-10-8. Enforcement and collection of cost penalties assessed for violations.Any cost penalty provided for by this title shall be included in the judgment of conviction and has all the force and effect of a judgment in a civil action. If the person against whom the cost penalty is assessed has furnished a bond as a licensee under this title, the surety is liable for the cost penalty. The cost penalty may be paid by the defendant to the clerk of the court that rendered the judgment in which the cost penalty was assessed. The payment shall operate as a satisfaction of the portion of the judgment relating to the cost penalty and shall be entered upon the judgment record accordingly. If not paid to the clerk, the judgment for the cost penalty shall be enforced by execution or other process, the same as any civil judgment. The clerk or any officer collecting the cost penalty shall, without delay, transmit the cost penalty to the state treasurer with a statement giving full information as to the source of the cost penalty. The state treasurer shall issue a receipt for the cost penalty to the person transmitting the cost penalty. Source: SDC 1939, §5.9901; SL 2008, ch 37, §193; SL 2010, ch 180, §63; SL 2011, ch 176, §1.
SD Codified L § 35-10-9 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-9 - Notice of convictions mailed to local and state licensing authorities.

35-10-9. Notice of convictions mailed to local and state licensing authorities.If any licensed dealer in alcoholic beverages or the dealer's agent or employee is convicted of:(1)A violation of any provision of this title, or any law or ordinance regulating the sale of alcoholic beverages; or(2)Any violation of law or ordinance in the operation of the licensed premises, the court or magistrate shall, within ten days after the conviction, mail a written notice of conviction to the finance officer of the municipality or the county auditor of the county having jurisdiction to approve alcoholic beverage licenses for the premises. A copy of the notice shall also be mailed to the department. Source: SL 1961, ch 18; SL 1974, ch 55, §36; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2008, ch 37, §194; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2018, ch 213, §131.
SD Codified L § 35-10-11 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-11 - Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal.

35-10-11. Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal.Any alcoholic beverage used or possessed in violation of provisions of this title constitutes contraband goods, and is subject to confiscation as provided in this chapter. Any judgment of conviction of illegal use or possession against the person from whom the beverages were taken constitutes a confiscation of the beverages unless the beverages, within twenty days after the judgment, are claimed by some other person who establishes to the satisfaction of the court that the person is the true owner and had no participation in the illegal use or possession. If prosecution on any such charge terminates in a dismissal of the charge, any such beverages, if previously seized, shall be returned to the owner. Source: SDC 1939, §5.0122; SL 1971, ch 211, §115; SL 2008, ch 37, §196.
SD Codified L § 35-10-12 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-12 - Application by officer for judicial determination as to beverages--Notice of time and place of hearing.

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.
SD Codified L § 35-10-13 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-13 - Determination as to status of beverages seized--Order for return to owner or confiscation.

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.
SD Codified L § 35-10-14 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-14 - Report of beverages confiscated--Destruction of unsalable beverages.

35-10-14. Report of beverages confiscated--Destruction of unsalable beverages.Upon any adjudication in any form of confiscation of alcoholic beverages, the officer having custody of the beverages shall make a full report to the secretary setting forth the quantity, kind, and probable value of the beverages. If the beverages are of such character that the beverages cannot lawfully be sold, or are of insufficient value to justify an attempted sale, the secretary shall order the beverages destroyed. The officer in custody of the beverages shall comply with the order and shall report to the secretary that the order has been carried out. Source: SDC 1939, §5.0122; SL 2008, ch 37, §199; SL 2010, ch 180, §64.
SD Codified L § 35-10-15 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-15 - Custody and storage of salable confiscated beverages.

35-10-15. Custody and storage of salable confiscated beverages.If confiscated alcoholic beverages are lawfully salable, and of sufficient value to justify an attempted sale, the secretary shall take custody of the alcoholic beverages, and shall, pending sale, store the beverages at any convenient and safe place. Source: SDC 1939, §5.0122; SL 2008, ch 37, §200; SL 2010, ch 180, §58.
SD Codified L § 35-10-16 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-16 - Sale by secretary of confiscated beverages--Disposition of proceeds.

35-10-16. Sale by secretary of confiscated beverages--Disposition of proceeds.If confiscated alcoholic beverages accumulate in sufficient quantities, the secretary shall notify all licensed wholesalers as to kinds and types of alcoholic beverages in the secretary's custody for sale. The secretary shall receive bids, and sales shall be made on the basis of the bids as the secretary deems advantageous to the state. All proceeds of any such sale by the secretary shall be deposited with the state treasurer and credited to the general fund. Source: SDC 1939, §5.0122; SL 2008, ch 37, §201; SL 2010, ch 180, §59.
SD Codified L § 35-10-17 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-17 - Place used for violation of beverage laws as common nuisance--Maintenance as misdemeanor.

35-10-17. Place used for violation of beverage laws as common nuisance--Maintenance as misdemeanor.Any structure, conveyance, or place where alcoholic beverages are manufactured, sold, kept, bartered, given away, found, consumed, or used in violation of the laws of the state, relating to alcoholic beverages, and all alcoholic beverages and property kept and used in maintaining the same, is hereby declared to be a common nuisance, and any person who maintains such a common nuisance is guilty of a Class 1 misdemeanor. Source: SL 1939, ch 15, §1; SL 1943, ch 13; SDC Supp 1960, §5.0114-2; SL 1971, ch 211, §116; SL 1977, ch 190, §135.
SD Codified L § 35-10-18 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-18 - Lien against place of violation for fines and costs assessed--Enforcement of lien.

35-10-18. Lien against place of violation for fines and costs assessed--Enforcement of lien.If a person has knowledge or reason to believe that the person's structure, conveyance, or place is occupied or used for the manufacture, sale, bartering, giving away, keeping, consuming, or using of alcoholic beverages, contrary to the provisions of the laws of the state, and if the person allows the structure, conveyance, or place to be so occupied or used, the structure, conveyance, or place is subject to a lien for and may be sold to pay all fines and costs assessed against the person guilty of such nuisance for such violation. Any such lien may be enforced by action in any court having jurisdiction. Source: SL 1939, ch 15, §1; SL 1943, ch 13; SDC Supp 1960, §5.0114-2; SL 1971, ch 211, §117; SL 2008, ch 37, §202.