|
2008 Liquor Laws
AGE TO CONSUME
21
A person must be at least 21 years of age to consume
alcoholic beverages in South Dakota.
18-20 A person
who is at least 18 but not 21 years of age may be
sold or given an alcoholic beverage if they are in
the immediate presence of a parent, spouse (who is
21) or guardian.
A
person who is less than 18 years of age may not
be served or consume alcoholic beverages on a
licensed premises under any circumstances.
REASONABLE
ATTEMPT TO INVESTIGATE AGE
Any person charged
with a violation of 35-9-1 or 35-9-1.1 may offer
evidence, as a defense, that he/she 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.
SERVING DAYS AND
TIMES
On-Sale Liquor:
7 am - 2 am seven days a week. (Sunday 7 am -
2 am with local government approval). No sales
Memorial Day after 2 am or at any time on Christmas
Day.
Off-Sale Liquor: 7 am – 12 midnight every day except Sunday.
(Sunday same hours if local government allows).
No distilled spirits or wine sales on Memorial or
Christmas Day. May sell malt beverages on
these days.
On/Off Malt Beverage:
7 am – 2 am seven days a week including Memorial &
Christmas Day.
Off-Sale Malt Beverage:
7 am – 2 am seven days a week including Memorial &
Christmas Day.
On-Sale Wine:
7 am – 2 am seven days a week. Restaurants
only. Includes Sundays, Memorial and Christmas
Day.
AGE OF SERVERS
On-Sale Liquor:
21 to tend bar or draw or mix alcoholic beverages.
18 may sell or serve if a 21-year employee on
premises & 50% or more of gross business is from the
sale of food.
Off-Sale Liquor:
21 is minimum age to sell alcohol in business with
off-sale liquor license.
On/Off Malt Beverage:
21 to tend bar or draw or mix alcoholic beverages.
21 if less than 50% of the sales of food. 18
if 50% or more of the gross sales business is from
the sale of food.
Off-Sale Malt Beverage:
21 if less than 50% of business gross sale is beer.
NO MINIMUM AGE to sell package beer if alcoholic
sales less than 50% of the gross business sales.
No requirement to have someone 21 present.
On-Sale Wine:
21 to dispense, sell, or serve wine in on-sale wine
license only.
OFF-SALE NOT TO
DELIVER
No off-sale license
shall make any delivery of alcoholic beverages
outside of the premises.
KEGS OF MALT
BEVERAGE-RETAIL SALE RECORDS
All keg sales must
record the name and address of the person to whom
the keg is sold and has provided identification of
the keg. Records must be kept one year and are
available for any law enforcement agency upon
request. The identification of each keg shall
not permanently damage the structure of the keg.
PENALTIES FOR
ALCOHOL VIOLATIONS
If an employee sells to an
underage individual, the business will be assessed a
$500.00 fine for the first violation, a $1,000.00
fine for the second violation, and can have their
alcohol license suspended or revoked for the third
violation within a 24 month time period. If
the employee is not certified by a nationally
recognized training program approved by the SD Dept
of Revenue the fine will double for the first and
second violation. The employee may face fines of up
to $500, 30 days in jail, and loss of their driving
privileges for 30 to 365 days.
MINOR
MISREPRESENTS AGE
It is a Class 2 misdemeanor for
any person under the age of 21 years to purchase,
attempt to purchase or consume alcoholic beverages
and misrepresent his age with use of any document
for the purpose of such from any licensee.
(Class 2 Misdemeanor: 30 Days in Jail and/or $500.00
fine)
ADULTS WHO BUY
ALCOHOL FOR UNDERAGE PERSONS
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
of twenty-one years. (Class 1 Misdemeanor: 1
year in Jail and/or $1000.00 fine)
|
