South Dakota § 35-9-1 Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.

South Dakota Statutes

§ 35-9-1 — Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.

South Dakota § 35-9-1

Title 35ALCOHOLIC BEVERAGES

Ch. 35-9AGE REQUIREMENTS FOR CONSUMPTION OF BEVERAGES

This text of South Dakota § 35-9-1 (Furnishing alcoholic beverage to child prohibited--Exceptions--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 § 35-9-1 (2026).

Text

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 sal

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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 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.

Legislative History

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 §