sell alcohol to persons aged 18-20 if they are in the immediate presence of a parent, guardian or spouse who is over the age of 21. It is legal to refuse to serve anyone under the age of 21. It is illegal to serve alcohol to anyone under 18 years of age, even if accompanied by a parent guardian or spouse who is 21 years of age or older. It is illegal for a person less than 21 years old to loiter on the licensed premises of an on-sale alcohol licensee. (SDCL 35-4-79) SDCL 35-2-10.1 allows the South Dakota Department of Revenue & Regulation to impose civil penalties on a business who has a clerk who sells alcohol to a minor.
Penalties for Business that Sell Alcohol to a Minor in South Dakota
Within a 24 month period of time
First Violation
$500 fine if the clerk has responsible server training
Or $1000 fine if the clerk has not gone through training
Second Violation$1000.00 fine if the clerk has responsible server training
Or if the clerk has not gone through training, the fine is $2000.00.
The business will have their alcohol license suspended. No matter how many alcohol licenses that a licensee may own on a premise, when one license is suspended, all licenses are suspended. If a alcohol license is suspended, then the video lottery license is also suspended.
*If the licensee sells or serves alcohol to a minor, the alcohol license will be revoked.
Penalties for a Server that Sells Alcohol to a Minor in
Within a 24 month period of time
A clerk who sells or serves alcohol to an underage person faces a Class 1 misdemeanor if the customer is under the age of 18.
For selling or serving alcohol to an individual between 18-21 years of age, the clerk faces a Class 2 misdemeanor.
Loss of Drivers License
First Violation
Driver's license is revoked for a minimum of 30 days or up to a maximum for one year.
Subsequent Violations
Driver's license is revoked for a minimum of 60 days or up to a maximum for one year.
