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
old 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
the
purposes of this section, the term, to sell or serve alcoholic
beverages, does
not include
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.
Signed March 7, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.