South Dakota Statutes
§ 35-4-78 — Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.
South Dakota § 35-4-78
This text of South Dakota § 35-4-78 (Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 35-4-78 (2026).
Text
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.
Free access — add to your briefcase to read the full text and ask questions with AI
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Repealed§ 35-1-3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
RepealedCite This Page — Counsel Stack
Bluebook (online)
South Dakota § 35-4-78, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/35-4-78.