South Dakota Codified Laws
Chapter 09 - Age Requirements For Consumption Of Beverages
Section 35-9-1 - Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.

35-9-1. Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.
It is a Class 1 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person under the age of eighteen years unless:
(1)It is done in the immediate presence of a parent or guardian or spouse, who is at least twenty-one years of age, while not on the premises of an establishment licensed for the retail sale of alcoholic beverages pursuant to §35-4-2 or at a special event for which an alcoholic beverage license has been issued; or
(2)It is done by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.
However, no licensee is civilly liable to any injured person or the injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the sale or consumption of any alcoholic beverage in violation of the provisions of this section.

Source: SL 1939, ch 13; SL 1943, ch 14, §§1, 2; SL 1959, ch 9; SL 1959, ch 46, §§1, 2; SDC Supp 1960, §§5.0227-2, 5.9910, 13.3304; SL 1963, ch 19; SL 1965, ch 31; SDCL §26-10-3; SL 1971, ch 211, §110; SL 1972, ch 154, §19; SL 1977, ch 190, §131; SL 1984, ch 249, §3; SL 1987, ch 261, §11; SL 1990, ch 301, §1; SL 1999, ch 188, §1; SL 2010, ch 180, §35.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 35 - Alcoholic Beverages

Chapter 09 - Age Requirements For Consumption Of Beverages

Section 35-9-1 - Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.

Section 35-9-1.1 - Furnishing alcoholic beverage to person eighteen years or older but less than twenty-one years prohibited--Exceptions--Violation as misdemeanor--Civil liability.

Section 35-9-1.2 - Reasonable attempt to investigate age.

Section 35-9-1.3 - Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred.

Section 35-9-1.4 - Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.

Section 35-9-1.5 - Fine imposed on licensee when sale does not constitute criminal offense.

Section 35-9-1.6 - Hearing on liability for furnishing alcoholic beverage to underage person--Amount of fine.

Section 35-9-2 - Purchase, possession, or consumption of beverage by person under twenty-one years prohibited--Exception--Misrepresentation of age--Violation as misdemeanor.

Section 35-9-2.1 - Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions.

Section 35-9-2.2 - Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained.

Section 35-9-2.3 - Purchase of beverage by adult for person under twenty-one as misdemeanor.

Section 35-9-2.4 - Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance.

Section 35-9-2.5 - Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance.

Section 35-9-4.1 - Legislative intent and purpose for raising minimum drinking age.

Section 35-9-6 - Determination of venue when minor apprehended for purchase, possession, or consumption of alcoholic beverage.

Section 35-9-6.1 - Determination of venue in juvenile adjudication arising from purchase, possession, or consumption of alcoholic beverage.

Section 35-9-7 - Driver's license suspension or restriction for certain violations.

Section 35-9-8 - Driver's license revocation for certain violations.

Section 35-9-9 - Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor.

Section 35-9-10 - Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty--Misdemeanor.

Section 35-9-11 - Defense available to social host.

Section 35-9-12 - Social host's lack of physical presence not a defense.

Section 35-9-13 - Social host defined.