South Dakota Statutes
§ 35-4-78 — Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.
No licensee may sell or serve any alcoholic beverage to any person who is obviously intoxicated. A violation of this section is a Class 1 misdemeanor. 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 intoxication of any person due to the sale or consumption of any alcoholic beverage in violation of the provisions of this section.
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South Dakota § 35-4-78 (Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Baatz v. Arrow Bar
426 N.W.2d 298 (South Dakota Supreme Court, 1988)
Allied Mutual Insurance v. Dakota Rose, Inc.
43 F. Supp. 2d 1081 (D. South Dakota, 1999)
Legislative History
SDC 1939, §§ 5.0226 (2), 5.9905; SL 1971, ch 211, § 70; SL 1977, ch 190, § 125; SL 1985, ch 295, § 2; SL 1987, ch 261, § 27; SL 2010, ch 180, § 34; SL 2018, ch 213, § 85.
Nearby Sections
15
§ 35-1-1
Definition of terms.§ 35-1-10
Repealed§ 35-1-3
Certain revenue department employees prohibited from engaging in alcoholic beverage business.§ 35-1-5.1
Bottle clubs prohibited.§ 35-1-5.2
Repealed