Originally posted by Theee Catrabbit
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South Dakota Codified Laws ("SDCL") 35-9-1: (Furnishing alcoholic beverage to child prohibited-Exceptions-Violation as misdemeanor-Civil liability)
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.
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)
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 of age or 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.
I'm just not around the UPD very much. When I pull into the parking lot, I pull up a chair, crack a beer, get out some chips, and start listening to the pre-game radio show. On the few occasions when I join a group in some tailgating, I'm not paying attention to UPD. I'm sticking with ignorance on this issue.
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