reglab/housing_qa huggingface dataset:
SD Codified L § 35-10-19 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-19 - Action to enjoin nuisance--Bond not required.

35-10-19. Action to enjoin nuisance--Bond not required.An action to enjoin any nuisance, as defined in §35-10-17, may be brought in the name of the State of South Dakota by the attorney general or by the state's attorney of the county in which the property constituting the nuisance is located. Any action to abate or to enjoin the nuisance may be commenced and conducted as other actions or proceedings for injunction. However, the complaint or affidavit used may be made on information and belief and no bond is required in instituting the proceedings or to secure the issuance of any such injunction. Source: SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 2008, ch 37, §203.
SD Codified L § 35-10-20 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-20 - Action secured against premises--Parties defendant.

35-10-20. Action secured against premises--Parties defendant.An action pursuant to §35-10-19 may be maintained in any court having jurisdiction over such an action. An injunction may be secured against the premises in which the nuisance exists and against any person, partnership, club, association, or corporation, either severally or jointly, who, as owner, tenant, agent, keeper, servant, employee, or manager of any place or premises where the nuisance is created, kept, or maintained, allows the nuisance to exist or continue in any place or on any premises owned, managed, controlled, or occupied by the person, partnership, club, association, or corporation. Source: SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 2008, ch 37, §204.
SD Codified L § 35-10-21 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-21 - Temporary injunction in action to enjoin nuisance.

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.
SD Codified L § 35-10-22 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-22 - Order prohibiting manufacture, sale or storage of beverages and occupancy of place of violation.

35-10-22. Order prohibiting manufacture, sale or storage of beverages and occupancy of place of violation.It is not necessary in an action pursuant to §35-10-19 for the court to find the property involved was being unlawfully used as described in §35-10-17 at the time of the hearing. However, on finding that the material allegations of the petition are true, the court shall order that no alcoholic beverages may be manufactured, sold, bartered, or stored in the structure, conveyance, or place. Upon judgment of the court ordering the nuisance to be abated, the court may order that the structure, conveyance, or place not be occupied or used for one year thereafter. Source: SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 1971, ch 211, §118; SL 2008, ch 37, §205.
SD Codified L § 35-10-23 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-23 - Bond to secure occupancy of place of violation--Conditions.

35-10-23. Bond to secure occupancy of place of violation--Conditions.Notwithstanding §35-10-22, the court may permit the structure, conveyance, or place to be occupied or used if the owner, lessee, tenant, or occupant of the structure, conveyance, or place gives bond with sufficient surety, to be approved by the court making the order, in the penal and liquidated sum of not less than five hundred dollars nor more than one thousand dollars. The bond shall be payable to the state and conditioned that alcoholic beverages may not thereafter be manufactured, sold, bartered, kept, or otherwise disposed of in or on the structure, conveyance, or place, and that the owner, lessee, tenant, or occupant will pay all fines, costs, and damages that may be assessed for any violation of law relating to alcoholic beverages upon the property. Source: SL 1939, ch 15, §2; SDC Supp 1960, §5.0114-3; SL 1971, ch 211, §119; SL 2008, ch 37, §206.
SD Codified L § 35-10-25 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-25 - Summary punishment for contempt--Affidavits as prima facie case.

35-10-25. Summary punishment for contempt--Affidavits as prima facie case.In contempt proceedings arising out of the violation of any order or injunction granted in any action or proceeding pursuant to §35-10-19, the court or the judge thereof shall summarily, and without jury, try and punish the person or persons guilty thereof. The affidavits upon which any such attachment for contempt issue shall make a prima facie case for the state. Source: SL 1939, ch 15, §3; SDC Supp 1960, §5.0114-4.
SD Codified L § 35-10-26 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-26 - Pleadings and evidence in contempt actions.

35-10-26. Pleadings and evidence in contempt actions.The accused in any proceeding pursuant to §35-10-25 may plead in the same manner as to an information or indictment, insofar as the same is applicable. Evidence may be oral or in the form of affidavits, or both. The court may require the defendant to answer interrogatories, either written or oral. The defendant need not necessarily be discharged upon the defendant's denial of the facts stated in the moving papers. Source: SL 1939, ch 15, §3; SDC Supp 1960, §5.0114-4; SL 2008, ch 37, §207.
SD Codified L § 35-10-27 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 10 - Enforcement Powers And Procedures|Section 35-10-27 - Proceedings governed by general law of contempt.

35-10-27. Proceedings governed by general law of contempt.Except as otherwise provided in §§35-10-25 and 35-10-26, the practice in contempt proceedings pursuant to §35-10-25 shall conform as nearly as may be to the practice in contempt proceedings which is now or may hereafter be prescribed by the laws of this state. Source: SL 1939, ch 15, §3; SDC Supp 1960, §5.0114-4.
SD Codified L § 35-11-1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 11 - Liability For Injuries By Intoxicated Persons|Section 35-11-1 - Legislative finding--Abrogation of former rule.

35-11-1. Legislative finding--Abrogation of former rule.The Legislature finds that the consumption of alcoholic beverages, rather than the serving of alcoholic beverages, is the proximate cause of any injury inflicted upon another by an intoxicated person. Therefore, the rule in Walz v. City of Hudson, 327 N.W. 2nd 120 (S.D. 1982) is hereby abrogated. Source: SL 1985, ch 295, §1.
SD Codified L § 35-11-2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 11 - Liability For Injuries By Intoxicated Persons|Section 35-11-2 - Social hosts not liable.

35-11-2. Social hosts not liable.No social host who furnishes any alcoholic beverage is civilly liable to any injured person or injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the intoxication of any person due to the consumption of the alcoholic beverage. Source: SL 1985, ch 295, §3; SL 2008, ch 37, §208.
SD Codified L § 35-12-13 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-13 - Farm winery defined.

35-12-13. Farm winery defined.For the purposes of this chapter, the term, farm winery, means any manufacturer located in this state producing wine, as defined in §35-1-1, in a total quantity not in excess of one hundred fifty thousand gallons within a calendar year, where at least fifty percent of the raw materials used in the finished product are grown or produced in this state, and without the use of wine imported from outside this state. Source: SL 2018, ch 222, §1.
SD Codified L § 35-12-14 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-14 - License fee.

35-12-14. License fee.The fee for a farm winery license is five hundred dollars. Source: SL 2018, ch 222, §2.
SD Codified L § 35-12-15 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-15 - Application of title.

35-12-15. Application of title.Except as provided in this chapter, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this chapter. Source: SL 2018, ch 222, §3.
SD Codified L § 35-12-16 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-16 - Excise tax.

35-12-16. Excise tax.There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this chapter an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5. Notwithstanding any other provision of law, the taxes imposed on a farm winery shall be deposited in the general fund. Source: SL 2018, ch 222, §4.
SD Codified L § 35-12-17 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-17 - Requirement to use agricultural products grown or produced in state--Exception--Perjury.

35-12-17. Requirement to use agricultural products grown or produced in state--Exception--Perjury.Any applicant for a license as a farm winery shall verify, under oath, compliance with the requirement to use agricultural products grown or produced in this state. However, if South Dakota agricultural products are not available in sufficient quantities, the applicant may use imported agricultural products for the period covered by the license, but may not use imported alcoholic beverages. Any person who signs a statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury. Source: SL 2018, ch 222, §5.
SD Codified L § 35-12-18 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-18 - Permitted sales--Limitation.

35-12-18. Permitted sales--Limitation.A licensed farm winery may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed farm winery may sell alcoholic beverages produced by the licensee to any wholesaler or retailer authorized to receive the alcoholic beverages. A licensed farm winery may sell alcoholic beverages to any licensed artisan distiller, farm winery, microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process.The quantity of alcoholic beverages sold pursuant to this section may not exceed the total production limits for the license as specified in §35-12-13. Source: SL 2018, ch 222, §6.
SD Codified L § 35-12-19 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-19 - Permitted licenses.

35-12-19. Permitted licenses.A licensed farm winery may hold on the licensed premises an artisan distiller license, a microbrewery license, or a microcidery license. A licensed farm winery may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16). Source: SL 2018, ch 222, §7.
SD Codified L § 35-12-20 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-20 - Additional locations--Limitation.

35-12-20. Additional locations--Limitation.A licensed farm winery may operate additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the total production limits for the license as specified in §35-12-13. Any additional license issued pursuant to this section has the privileges of the original license as specified in §§35-12-18 and 35-12-19. Source: SL 2018, ch 222, §8.
SD Codified L § 35-12-21 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-21 - Registration of labels.

35-12-21. Registration of labels.The holder of any license issued under this chapter shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label. Source: SL 2018, ch 222, §9.
SD Codified L § 35-12-22 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12 - Farm Wineries|Section 35-12-22 - Promulgation of rules .

35-12-22. Promulgation of rules.The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and procedures for obtaining a license pursuant to this chapter, and procedures for collecting the excise taxes pertaining to the licenses. Source: SL 2018, ch 222, §10.
SD Codified L § 35-12A-1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12A - Interstate Wine Shipment|Section 35-12A-1 - Purchase of wine not in distribution in state--Ordering procedures.

35-12A-1. Purchase of wine not in distribution in state--Ordering procedures.Notwithstanding any other provision of law, any person who is at least twenty-one years of age may purchase and receive wine from another state as provided in this section if the wine is not in distribution in this state. The person may place an order with a licensee as defined in subdivision 35-4-2(3), (5), or (12). The licensee shall order the wine through a wholesaler licensed pursuant to subdivision 35-4-2(2) and the wholesaler shall arrange the purchase of wine. The licensee shall inform the purchaser of the cost of the wine, the amount of any tax that would apply to the purchase pursuant to §35-5-3, the amount of sales tax that would apply, and the amount of charges for freight and handling. The licensee shall collect the total amount due from the customer before ordering the wine through the wholesaler. After receiving the order for the wine from the licensed retailer the wholesaler shall arrange for the wine to be shipped directly to the licensee who placed the order for the purchaser. Wine purchased pursuant to this chapter may only be delivered and received by the purchaser from a licensee as defined in subdivision 35-4-2(3), (5), or (12). Source: SL 2003, ch 197, §1; SL 2015, ch 196, §19, eff. Jan. 1, 2016.
SD Codified L § 35-12A-2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12A - Interstate Wine Shipment|Section 35-12A-2 - No registration fee for certain annual purchase totals.

35-12A-2. No registration fee for certain annual purchase totals.If the wholesaler orders twelve or less cases of a particular brand of wine for an individual purchaser in one calendar year pursuant to this chapter, no registration fee pursuant to chapter 39-13 may be imposed. Source: SL 2003, ch 197, §2; SL 2015, ch 196, §20, eff. Jan. 1, 2016.
SD Codified L § 35-12A-3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12A - Interstate Wine Shipment|Section 35-12A-3 - Limit on wine received from another state for personal use--Resale prohibited--Exception--Violation a misdemeanor--Department of Revenue to promulgate rules.

35-12A-3. Limit on wine received from another state for personal use--Resale prohibited--Exception--Violation a misdemeanor--Department of Revenue to promulgate rules.No person may receive more than twelve cases of wine, containing no more than nine liters per case, in any calendar year for personal use from another state under this chapter. No person who receives wine under this chapter may resell any of the wine. However, if the delivery of the wine does not result in a completed sale to the person who placed the original order, the licensee may sell the wine in the ordinary course of business. It is a Class 2 misdemeanor for any person to receive more than twelve cases of wine during a calendar year in violation of this chapter. It is a Class 2 misdemeanor for any person to resell or attempt to resell any wine obtained pursuant to this chapter. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to provide for the reporting and tracking of information related to the sale of wine under this chapter and to prescribe forms for the implementation of this chapter. Source: SL 2003, ch 197, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 35-12B-1 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12B - Direct Shipments Of Wine|Section 35-12B-1 - Definitions.

35-12B-1. Definitions.Terms used in this chapter mean:(1)"Common carrier," a carrier which holds itself out to the general public as engaged in the business of transporting goods for a fee;(2)"Department," the South Dakota Department of Revenue;(3)"Direct shipper," a winery that has obtained a wine direct shipper license;(4)"Purchase price," the price of a product charged to the end consumer before the application of South Dakota state and local taxes;(5)"Wine carrier," a common carrier that has obtained a wine carrier license;(6)"Winery," a winery that produces its own wine and holds a federal basic wine manufacturing permit. Source: SL 2015, ch 196, §1, eff. Jan. 1, 2016.
SD Codified L § 35-12B-2 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12B - Direct Shipments Of Wine|Section 35-12B-2 - Wine direct shipper license requirements.

35-12B-2. Wine direct shipper license requirements.Any winery located within or outside of the state may obtain a wine direct shipper license. An applicant for an initial or renewal wine direct shipper license shall:(1)File an application with the department on a form prescribed by the department;(2)Pay a license fee of one hundred dollars;(3)Submit a copy of the applicant's current federal basic wine manufacturing permit;(4)Register each brand label offered for sale in this state, if not previously registered, and pay all applicable brand registration fees pursuant to chapter 39-13;(5)Hold a South Dakota sales and use tax license issued by the department; and(6)Be current on the remittance of all applicable state and local taxes.The department shall issue a wine direct shipper license to any applicant who meets the requirements of this chapter. Source: SL 2015, ch 196, §2, eff. Jan. 1, 2016.
SD Codified L § 35-12B-3 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12B - Direct Shipments Of Wine|Section 35-12B-3 - Wine carrier license requirements.

35-12B-3. Wine carrier license requirements.Any common carrier may apply for a wine carrier license. An applicant for an initial or renewal wine carrier license shall:(1)File an application with the department on a form prescribed by the department; and(2)Pay a license fee of one hundred dollars.The department shall issue a wine carrier license to any applicant who meets the requirements of this chapter. Any money collected pursuant to this section shall be deposited in the general fund. Source: SL 2015, ch 196, §3, eff. Jan. 1, 2016.
SD Codified L § 35-12B-4 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12B - Direct Shipments Of Wine|Section 35-12B-4 - Duration of wine direct shipper license and wine carrier license.

35-12B-4. Duration of wine direct shipper license and wine carrier license.Each wine direct shipper license and wine carrier license is valid from twelve o'clock midnight on the thirty-first day of December to twelve o'clock midnight on the thirty-first day of the next December. However, the license is valid for an additional three days if a proper application for a new license is in the possession of the department before midnight on the thirty-first day of December when the license expires. The full fee shall be charged for any license for a portion of the period. Source: SL 2015, ch 196, §4, eff. Jan. 1, 2016.
SD Codified L § 35-12B-5 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12B - Direct Shipments Of Wine|Section 35-12B-5 - Sale and shipment of wine registered for direct shipment--Requirements.

35-12B-5. Sale and shipment of wine registered for direct shipment--Requirements.Notwithstanding any other provisions of title 35, a direct shipper licensed pursuant to this chapter may sell and ship wine to any person in this state who is twenty-one years of age or older if the wine is registered for direct shipment as required pursuant to §35-12B-2. Before shipping the wine, the direct shipper shall verify the age of the person placing the order by obtaining a copy of the person's valid age-bearing photo identification document issued by this state, another state, or the federal government, or by using an age verification service. The direct shipper shall record the name, address, date of birth, and telephone number of the person placing the order on the order form or other verifiable record. The direct shipper shall notify the person placing the order that the recipient of the shipment is required to show a valid age-bearing photo identification document issued by this state, another state, or the federal government upon delivery. No direct shipper may ship more than twelve cases of wine, containing no more than nine liters per case, in any calendar year to any person for personal use under this chapter. Source: SL 2015, ch 196, §5, eff. Jan. 1, 2016.
SD Codified L § 35-12B-6 (2021)
2021 South Dakota Codified Laws|Title 35 - Alcoholic Beverages|Chapter 12B - Direct Shipments Of Wine|Section 35-12B-6 - Package labeling requirements--Penalty for violations.

35-12B-6. Package labeling requirements--Penalty for violations.A direct shipper shall label each package to be shipped in accordance with the provisions of this chapter so that it conspicuously contains words indicating the package contains alcohol and that the signature of a person twenty-one years of age or older is required for delivery. Any direct shipper who causes a direct shipment of wine in violation of the provisions of §35-12B-5 or this section is subject to a civil penalty of one thousand dollars for a first offense and two thousand dollars for a second or subsequent offense. Penalties may be levied by the Department of Revenue. Any money collected pursuant to this section shall be deposited in the general fund. Source: SL 2015, ch 196, §6, eff. Jan. 1, 2016.