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.



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

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.

It is a Class 2 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person who is eighteen years of age or older but less than twenty-one years of age unless it is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age or 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 1990, ch 301, § 2; SL 2010, ch 180, § 36.



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

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

Any person charged with a violation of § 35-9-1, 35-9-1.1, or 35-12B-7, may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person.

Source: SL 1991, ch 299; SL 2000, ch 182, § 1; SL 2010, ch 180, § 60; SL 2015, ch 196, § 8, eff. Jan. 1, 2016.



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

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

No person may be convicted of illegally selling any alcoholic beverage to any underage person pursuant to § 35-9-1 or 35-9-1.1, if the underage person was in possession of, and the seller relied upon, any false age-bearing identification document that was furnished to the underage person by any state agency or local law enforcement agency or any agent, employee, contractor, or associate of any state agency or local law enforcement agency for the purpose of attempting to illegally purchase any alcoholic beverage.

Source: SL 2000, ch 183, § 1.



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

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.



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

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

If a sale is in violation of § 35-9-1 or 35-9-1.1 and does not constitute a criminal offense against the licensee, the state's attorney for the county in which the sale took place may as part of any proceeding against the person making the sale request that the court require the licensee to pay a fine in accordance with §§ 35-9-1.4 to 35-9-1.6, inclusive.

Source: SL 2010, ch 180, § 42.



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

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

Upon a request from the state's attorney and notice to the licensee, the court shall conduct a hearing to determine if the licensee is liable under §§ 35-9-1.4 to 35-9-1.6, inclusive, and upon a finding that the licensee is liable, the court may order the licensee to pay a fine not to exceed:

(1)    Five hundred dollars upon the first violation within two years;

(2)    Seven hundred fifty dollars upon the second violation within two years; and

(3)    One thousand dollars for the third violation within two years.

Source: SL 2010, ch 180, § 43.