It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, this provision does not apply to any passenger aboard a vehicle operated by a licensed carrier. A person may consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the beverage is purchased from a licensee who has been issued a temporary license pursuant to § 35-4-124 for a special event occurring on the premises of the licensed on-sale dealer.
S.D. Codified Laws § 35-1-5.6
Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions
Applied in 1 court decision — leading case State v. Mundy-Geidd (2014)
Most recently applied in State v. Mundy-Geidd (December 2014)
Source: SL 2011, ch 170, § 3; SL 2018, ch 213, § 5; SL 2018, ch 215, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.