35-4-78. Sale of alcoholic beverage to obviously intoxicated person prohibited--Violation as misdemeanor--Civil liability.
No licensee may sell or serve any alcoholic beverage to any person who is obviously intoxicated. A violation of this section is a Class 1 misdemeanor.
However, no licensee is civilly liable to any injured person or the injured person's 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 or consumption 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; SL 2010, ch 180, §34; SL 2018, ch 213, §85.