35-9-1. Furnishing alcoholic beverage to child prohibited--Exceptions--Violation as misdemeanor--Civil liability.
It is a Class 1 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person under the age of eighteen years unless:
(1)It is done in the immediate presence of a parent or guardian or spouse, who is at least twenty-one years of age, while not on the premises of an establishment licensed for the retail sale of alcoholic beverages pursuant to §35-4-2 or at a special event for which an alcoholic beverage license has been issued; or
(2)It is done by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.
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 sale or consumption of any alcoholic beverage in violation of the provisions of this section.
Source: SL 1939, ch 13; SL 1943, ch 14, §§1, 2; SL 1959, ch 9; SL 1959, ch 46, §§1, 2; SDC Supp 1960, §§5.0227-2, 5.9910, 13.3304; SL 1963, ch 19; SL 1965, ch 31; SDCL §26-10-3; SL 1971, ch 211, §110; SL 1972, ch 154, §19; SL 1977, ch 190, §131; SL 1984, ch 249, §3; SL 1987, ch 261, §11; SL 1990, ch 301, §1; SL 1999, ch 188, §1; SL 2010, ch 180, §35.