ENTITLED An Act to revise provisions regarding the sale or service of alcoholic beverages by persons under the age of twenty-one.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 35-4-79.4 be AMENDED:

35-4-79.4. Notwithstanding the provisions of § 35-4-79, any on-sale or off-sale licensee may permit persons eighteen years or older to sell or serve alcoholic beverages if less than fifty percent of the gross business transacted by the establishment is from the sale of alcoholic beverages, or the licensee or an employee of the licensee that is at least twenty-one years of age is on the premises when the alcoholic beverage is sold or served. For purposes of this section, the term, to sell or serve alcoholic beverages, includes tending bar or drawing, pouring, or mixing alcoholic beverages. Any person tending bar or drawing, pouring, or mixing alcoholic beverages pursuant to this section must be certified by a nationally recognized alcohol management program.

A violation of this section is a Class 2 misdemeanor.

An Act to revise provisions regarding the sale or service of alcoholic beverages by persons under the age of twenty-one.