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IN RE ALCOHOL BEVERAGE LICENSE SUSPENSION

No. 22280.

654 N.W.2d 432 (2002)

2002 SD 139

In the Matter of the ALCOHOL BEVERAGE LICENSE SUSPENSION OF CORK`N BOTTLE, INC., d/b/a Cork `N Bottle, Yankton, SD, License No's PL-4964 and RB-2697.

Supreme Court of South Dakota.

Decided November 20, 2002.

Attorney(s) appearing for the Case

Erich K. Johnke of James & Associates, Inc. Yankton, South Dakota, Attorney for appellant Cork`n Bottle.

Jack C. Magee, Assistant Attorney General Department of Revenue Pierre, South Dakota, Attorney for appellees Department of Revenue.

ZINTER, Justice.

[¶ 1.] The Cork `n Bottle Inc. (CNB), a Yankton convenience store, sold alcohol to an underage purchaser, and its alcohol licenses were suspended by the Department of Revenue (Department). The circuit court affirmed the suspensions. CNB appeals arguing that it substantially complied with a "safe harbor" statute that precludes license suspension if the licensee utilized five precautionary measures to prevent underage alcohol sales. One of these...

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