35-9-2.1. Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions.
Any merchant who is a licensee under this title, or the merchant's employee, who has reasonable grounds to believe a person under the age of twenty-one has illegally purchased, attempted to purchase, or possess alcoholic beverages or has misrepresented the person's age with the use of any document for purposes of purchasing or attempting to purchase alcoholic beverages from the merchant or the merchant's employee, may detain the person, on the premises of the merchant's establishment, in a reasonable manner and for a reasonable length of time:
(1)To request identification;
(2)To verify the identification;
(3)To make reasonable inquiry as to whether the person has violated §35-9-2;
(4)To inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; or
(5)In the case of a minor, to inform a law enforcement officer or the parents, guardian, or other private person interested in the welfare of that minor of this detention and to surrender custody of the minor to that person.
Source: SL 2000, ch 185, §1.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 09 - Age Requirements For Consumption Of Beverages
Section 35-9-1.2 - Reasonable attempt to investigate age.
Section 35-9-1.5 - Fine imposed on licensee when sale does not constitute criminal offense.
Section 35-9-2.3 - Purchase of beverage by adult for person under twenty-one as misdemeanor.
Section 35-9-4.1 - Legislative intent and purpose for raising minimum drinking age.
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 35-9-11 - Defense available to social host.
Section 35-9-12 - Social host's lack of physical presence not a defense.