TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 7

LIQUOR NUISANCES

23-708.  Perpetual injunction and order of abatement — Execution of order. If the existence of the nuisance is established, the court shall enter a decree perpetually restraining all persons from maintaining or permitting such nuisance, and from using the building or place in which the same is maintained for any purpose, for a period of one (1) year thereafter, unless such decree is sooner vacated, as hereinafter provided. While said decree remains in effect, such building or place shall be in the custody of the court.

An order of abatement shall also issue as a part of such decree, which order shall direct the sheriff of the county to remove from such building or place all fixtures and movable property used in conducting or aiding or abetting such nuisance, to sell the same in the manner provided by law for the sale of chattels under execution, to close such building or place against its use for any purpose, and to keep it closed for a period of one (1) year, unless sooner released as hereinafter provided. The sheriff’s fees for removing and selling the movable property shall be taxed as a part of the costs, and shall be the same as those for levying upon and selling like property under execution. For closing the building and keeping it closed the court shall allow a reasonable fee to be taxed as a part of the costs.

History:

[23-708, added 1939, ch. 222, sec. 1008, p. 465.]