Title 35 — ALCOHOLIC BEVERAGES
20 chapters · 349 sections in this title.
Source: SL 1987, ch 261
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35-9-5. Repealed by SL 1987, ch 261 , § 14.
SDCL § 35-9-1 Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability
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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 pre…
SDCL § 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
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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 o…
SDCL § 35-9-1.2 Reasonable attempt to investigate age
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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 reas…
SDCL § 35-9-1.3 Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred
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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 unde…
SDCL § 35-9-1.4 Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person
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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)…
SDCL § 35-9-1.5 Fine imposed on licensee when sale does not constitute criminal offense
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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 …
SDCL § 35-9-1.6 Hearing on liability for furnishing alcoholic beverage to underage person--Amount of fine
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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 …
SDCL § 35-9-10 Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty--Misdemeanor
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No person, acting as a social host, may, knowingly, permit any person aged eighteen, nineteen, or twenty to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of th…
SDCL § 35-9-11 Defense available to social host
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It is a defense against a conviction for a violation of §§ 35-9-9 and 35-9-10 that, immediately upon learning of the illegal consumption, the social host or an agent of the social host took effective and appropriate action to stop the illegal consumption and to secure or to attem…
SDCL § 35-9-12 Social host's lack of physical presence not a defense
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It is not a defense of a violation of §§ 35-9-9 and 35-9-10 that the social host was not physically present on or at the premises if the social host knew that illegal consumption of alcoholic beverages would occur in his or her absence. Source: SL 2014, ch 177 , § 4.
SDCL § 35-9-13 Social host defined
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For purposes of §§ 35-9-9 to 35-9-12 , inclusive, the term, social host, means anyone who hosts a social gathering and knowingly condones the illegal consumption of alcohol by underage persons on property that the host controls. Source: SL 2014, ch 177 , § 5.
SDCL § 35-9-2 Purchase, possession, or consumption of beverage by person under twenty-one years prohibited--Exception--Misrepresentation of age--Violation as misdemeanor
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It is a Class 2 misdemeanor for any person under the age of twenty-one years to purchase, attempt to purchase, or possess or consume alcoholic beverages except pursuant to § 35-9-1.1 or when consumed in a religious ceremony and given to the person by an authorized person, or to m…
SDCL § 35-9-2.1 Merchant may detain person under twenty - one who purchases, attempts to purchase or possesses alcoholic beverage--Conditions
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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…
SDCL § 35-9-2.2 Merchant to post notice if persons illegally attempting to purchase alcoholic beverages will be detained
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If a merchant chooses to implement the provisions of § 35-9-2.1 , the merchant shall conspicuously post a notice, on the merchant's premises, stating that any person who the merchant reasonably believes was under the age of twenty - one and has attempted to purchase alcoholic bev…
SDCL § 35-9-2.3 Purchase of beverage by adult for person under twenty - one as misdemeanor
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Except as provided in §§ 35-9-1 and 35-9-1.1 , it is a Class 1 misdemeanor for any person twenty - one years of age or older to purchase or otherwise acquire alcoholic beverages from a retail establishment and to give or resell the alcoholic beverages to any person under the age …
SDCL § 35-9-2.4 Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance
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No person may be arrested or prosecuted for any misdemeanor offense of underage consumption, open container, or public intoxication, arising out of underage consumption of alcohol if that person contacts any law enforcement or emergency medical services and reports that a person …
SDCL § 35-9-2.5 Immunity from prosecution for offense arising out of underage consumption for person who reports own need of emergency assistance
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No person under the age of twenty-one years may be prosecuted for any misdemeanor offense of underage consumption, open container, or public intoxication, arising out of underage consumption of alcohol if that person contacts law enforcement or emergency medical services and repo…
SDCL § 35-9-4.1 Legislative intent and purpose for raising minimum drinking age
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The South Dakota Legislature enacts chapter 261 of the 1987 Session Laws to raise the state's minimum drinking age to twenty - one years of age solely under the duress of a funding sanction imposed by the United States Department of Transportation under 23 U.S.C § 158. The Legisl…
SDCL § 35-9-6 Determination of venue when minor apprehended for purchase, possession, or consumption of alcoholic beverage
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In any arrest, citation, or prosecution arising from a violation of § 35-9-2 , if the person is apprehended for: (1) The purchase or attempted purchase of alcoholic beverages, the venue is the locality where the purchase or attempted purchase occurred; (2) The possession or consu…
SDCL § 35-9-6.1 Determination of venue in juvenile adjudication arising from purchase, possession, or consumption of alcoholic beverage
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In any juvenile adjudication arising from a violation of § 35-9-2 , if the person is apprehended for: (1) The purchase or attempted purchase of alcoholic beverages, the venue is the locality where the purchase or attempted purchase occurred or the juvenile's county of residence; …
SDCL § 35-9-7 Driver's license suspension or restriction for certain violations
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If the conviction or adjudication for a violation of § 35-9-1.1 or 35-9-2 is for a first offense, the court may, in addition to any other penalty allowed by law, order the suspension of the person's driving privileges for a period not less than thirty days and not to exceed one y…
SDCL § 35-9-8 Driver's license revocation for certain violations
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If the conviction or adjudication for a violation of § 35-9-1 is for a first offense, the court shall, in addition to any other penalty allowed by law, order the revocation of the defendant's driving privileges for a period not less than thirty days and not to exceed one year. Ho…
SDCL § 35-9-9 Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen--Misdemeanor
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No person, acting as a social host, may, knowingly, permit any person under the age of eighteen to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of this sectio…