There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 35-4-78 — Persons to whom sale of beverages prohibited--Violation as misdemeanor--Civil liability.
35-4-78. Persons to whom sale of beverages prohibited--Violation as misdemeanor--Civil liability. No licensee may sell any alcoholic beverage:
(1) To any person under the age of
twenty-one years; or
(2) To any person who is obviously
intoxicated at the time.
A violation
of this section is a Class 1 misdemeanor.
However, no
licensee is civilly liable to any injured person or his estate for
any injury suffered, including any action for wrongful death, or
property damage suffered because of the intoxication of any person
due to the sale of any alcoholic beverage in violation of the
provisions of this section.
Source: SDC 1939, §§ 5.0226 (2), 5.9905; SL 1971, ch 211, § 70; SL 1977, ch 190, § 125; SL 1985, ch 295, § 2; SL 1987, ch 261, § 27.
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