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S.D. Codified Laws § 35-9-1.4

Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person

Source: SL 2010, ch 180, § 41.

No criminal penalty may be imposed on a licensee licensed pursuant to this title if:

(1) The person making the sale in violation of § 35-9-1 or 35-9-1.1 is an employee or agent of the licensee;

(2) The employee or agent does not own a controlling interest in the licensee; and

(3) The licensee or person having a controlling interest in the licensee is not present at the time of the sale.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.