South Dakota Codified Laws
Chapter 09 - Age Requirements For Consumption Of Beverages
Section 35-9-1.4 - Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.

35-9-1.4. Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.
No criminal penalty may be imposed on a licensee licensed pursuant to this title if:
(1)The person making the sale in violation of §35-9-1 or 35-9-1.1 is an employee or agent of the licensee;
(2)The employee or agent does not own a controlling interest in the licensee; and
(3)The licensee or person having a controlling interest in the licensee is not present at the time of the sale.

Source: SL 2010, ch 180, §41.

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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.