2010 South Dakota Code
Title 35 - ALCOHOLIC BEVERAGES
Chapter 09 - Age Requirements For Consumption Of Beverages
Section 35-9-1.4 - Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.

35-9-1.4. Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person. 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.

Source: SL 2010, ch 180, § 41.