No owner, lessee, or manager of a public grain warehouse may transact business as a public grain warehouse until a license has been issued by the commission. Any person who violates this section is guilty of a Class 1 misdemeanor.

Each day that a person is in violation of this section is a separate offense.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

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Terms Used In South Dakota Codified Laws 49-43-4.2

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

The operation of a public grain warehouse, without a license, may be enjoined by the commission.

The commission may assess a civil fine against an unlicensed warehouse operator in the amount of five thousand dollars per day, up to a maximum of fifty thousand dollars.

Source: SL 2008, ch 249, § 8; SL 2022, ch 174, § 1.