CHAPTER 197

(HB 1038)

Alcoholic beverage licensee training program responsibility revised.


         ENTITLED, An Act to  revise certain provisions regarding the responsibility of alcohol licensees that sell alcohol to underage people.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 35-2 be amended by adding thereto a NEW SECTION to read as follows:

     The department shall, on or before the first of July of each year, develop and publish on its public internet website, a directory listing all nationally recognized training programs which have been approved by the department. The department shall annually notify each licensee in writing and by posting on the department's internet website a list of the nationally recognized training programs approved pursuant to §  35-2-10.1. Any alcohol licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has the burden of proof to show that its employees have attended an approved alcohol training program to be eligible for any reduction in the penalty imposed for the violation.

     Signed February 18, 2005
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