This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

South Dakota’s Governing Liquor Authority

South Dakota’s Governing Liquor Authority:

·         The State of South Dakota’s governing liquor authority is: The South Dakota Department of Revenue, Property and Special Taxes Division.

·         The phone number for the Property and Special Taxes Division is: 605-773-3311.

·         The website for the Division of Property and Special Taxes Division is: www.state.sd.us/drr2/propspectax

• South Dakota’s Legislature is the body responsible for enacting the state’s alcohol laws.

South Dakota’s Liquor License

Under South Dakota State Law:

• Licensees must uphold all the liquor laws for the state of South Dakota.
• Licensees must also be knowledgeable of and abide by any local ordinances as well.
• Licensees must post a sign in a visible location stating the dangers of consuming alcohol by pregnant women. (Such signs are available from The Dept. of Human Resources, Division of Alcohol & Drug Abuse.)
• Licensees (both on and off-sale) may not deliver alcohol off their establishment’s premises.
• Licensees may not price any drinks below wholesale cost.
• If a licensee has posted the proper notices warning customers, then they have the right to confiscate any false IDs and detain the individuals in a reasonable manner for a reasonable time as they notify law enforcement and/or the parents of the minor.
• A licensee who sells kegs of beer must maintain a record of all purchasers for one year that includes the purchaser’s name and address.
• A licensee who sells kegs of beer must have a way of identifying each individual keg that does not damage the structure of the keg itself.
• A licensee may sell their business and transfer their liquor license to the buyer. Approval for such a transfer must be sought from the city or county before the Department of Revenue & Regulation will approve it.
• There is a “holiday party policy” that allows a licensee (mainly hotels and motels) to rent a room on the premises to an individual (or other private party) for the purposes of holding a private function. That individual may provide their own alcohol and mixers but may not charge for drinks or for attending the party. The hotel or motel may not charge either.

The following are the general service hours for alcoholic beverages in the state of South Dakota (local ordinances should always be consulted):

• On-Premise Establishments may sell and service alcohol Monday –Saturday from 7am to 2am. Some licensees such as restaurants may request the sale of alcohol on Sunday, which would be from 11am to midnight.
• On Sale Wine Licensees may sell and service alcohol Monday –Sunday from noon to midnight.
• Off-Premise licensees such as Package Liquor Stores may sell and service alcohol Monday –Saturday from 7am to midnight. Sunday sales may be allowed by local ordinance.
• Off-Premise Package Beer and On & Off Sale Beer licensees may sell and service alcohol Monday –Sunday from 7am to 2am. Local ordinances should always be consulted.
• No alcohol sales on Christmas Day or Memorial Day. (Except for malt beverages)

Identification

Acceptable forms of identification in South Dakota are:

• State Drivers License
• State ID Card
• Military ID
• Passport

South Dakota’s Laws Regarding Age

South Dakota’s laws regarding age:

• A person must be at least 21 years old to purchase and consume alcohol.
• It is illegal to serve alcohol to minors.
• A person between the ages of 18 and 20 may be served alcohol if they are with a parent, legal guardian or spouse who is over 21. (If the person were under 18 years of age, then it would be illegal to serve them.)

• A licensee has the legal right to refuse to serve anyone under the age of 21.
• A licensee may post a sign for public viewing stating that anyone who is believed to be under 21 years of age that attempts to purchase alcohol may be detained until local law enforcement arrives.
• A person who is under 21 years old may not loiter on the premises of a licensed on-sale alcohol establishment.

South Dakota’s laws regarding age to sell alcohol:

• Off-Sale Malt Beverage License: There is no minimum age to sell packaged beer if the sale of packaged beer makes up less than 50% of the licensee’s gross revenue.
• On/Off-Sale Malt Beverage License +50% Food Sales: An employee who is 18-20 years old may serve, sell and/or dispense alcohol so long as there is another employee on the premises who is an adult but they may not tend the bar or draw or mix any alcoholic beverages.
• On/Off-Sale Malt Beverage License -50% Food Sales: Alcohol sales may only be made by a person who is 21 years of age or older.
• On-Sale Liquor License +50% Food Sales: An employee who is 18-20 years old may serve, sell and/or dispense alcohol so long as there is another employee on the premises who is an adult but they may not tend the bar or draw or mix any alcoholic beverages.
• On-Sale Liquor License -50% Food Sales: Alcohol sales may only be made by a person who is 21 years of age or older.
• Package Liquor License: Alcohol sales may only be made by a person who is 21 years of age or older.
• On-Sale Wine License: Alcohol sales may only be made by a person who is 21 years of age or older.

 Civil and Criminal Penalties for the Sale of Alcohol to Minors

Under South Dakota’s liquor laws and regulations, it is a Class 1 Misdemeanor to provide or sell alcohol to a minor who is under 18 years of age except for in the following situations:

• The minor is with a parent, legal guardian or spouse who is over 21.
• The minor is under the direct supervision of a licensed health practitioner or nurse of the healing arts and the alcohol is for medicinal purposes.
• The minor has a prescription for alcohol issued for medicinal purposes.
• The alcohol is not provided or sold to the minor on the premises of a licensee who provides the retail sale of alcohol.
• The alcohol is not provided or sold to the minor at a special event where the licensee holds a special malt beverage retailers license.

Under South Dakota’s liquor laws and regulations, it is a Class 2 Misdemeanor to provide or sell alcohol to a minor who is 18-20 years of age except for in the following situations:

• The minor is with a parent, legal guardian or spouse who is over 21.
• The minor is under the direct supervision of a licensed health practitioner or nurse of the healing arts and the alcohol is for medicinal purposes.
• The minor has a prescription for alcohol issued for medicinal purposes.

Should an individual be charged with serving a minor, they may have a defense under the following circumstances:

• They made a reasonable attempt and acted prudently to determine the age of the person by checking the identification that was presented to them. (The attempt would have to be in accordance with what a reasonable and prudent individual would do in that situation.)
• The minor presented a false ID to them that they believed to be valid.

Under South Dakota’s liquor laws and regulations, it is a Class 1 Misdemeanor for a licensee to sell alcohol to a minor. However, in the following situations the licensee will not be found guilty and no penalties will be assessed:

• The individual who sold the alcohol to the minor is an agent or employee of the licensee.
• The agent or employee of the licensee is not a partner with a controlling interest (10% ownership or more) in the business.

Under South Dakota’s liquor laws and regulations, it is a Class 2 Misdemeanor for an On-Sale Licensee to allow a minor to:

• Sell alcohol on their premises.
• Serve alcohol on their premises.
• Consume alcohol on their premises.
• Dispense alcohol on their premises.
• Loiter on their premises.

However, those licensees who receive more than 50% of their gross revenue from food sales may employ a person who is 18-20 years of age to serve, sell and/or dispense alcohol so long as there is another employee on the premises who is over the age of 21. The employee may not tend the bar or draw or mix any alcoholic beverages.

Under South Dakota’s liquor laws and regulations, a licensee may not be held civilly liable:

• To any individual (or the individual’s estate) who is injured, killed or has damage to property as a result of the sale of alcohol to a minor.

A licensee may face administrative sanctions and have to pay a fine:

• First violation within a 2-year period: $500.00 (if trained) / $1000 if not trained by program approved by department.
• Second violation within a 2-year period: $1000.00(if trained) / $2000 if not trained by program approved by department..
• Third violation with 2-yer period may result in suspension or revocation of liquor license.      

Under South Dakota’s liquor laws and regulations, it is a Class 1 Misdemeanor for an adult to:

• Obtain or buy alcohol from a retail establishment for the purpose of giving the alcohol or re-selling the alcohol to a minor.

 Under South Dakota’s liquor laws and regulations, it is a Class 2 Misdemeanor for a minor:

• To obtain, purchase, try to purchase, possess or consume alcohol. (Exceptions would include if the alcohol was part of a religious ceremony or an authorized person provided the alcohol.)
• To use an ID to misrepresent their age to a licensee in order to purchase or try to purchase alcohol.

Should a minor try to obtain, purchase, try to purchase, possess or consume alcohol or use an ID to misrepresent their age to a licensee in order to purchase or try to purchase alcohol, a licensee (and/or their employees) may detain the minor in a reasonable manner for a reasonable amount of time, in an effort to:

• Request a proper ID.
• Verify any IDs presented.
• Determine if the person is actually trying to buy alcoholic beverages.
• Make local enforcement and/or the parents or legal guardians aware of the situation.
• Give custody of the minor to local law enforcement and/or the parents or legal guardians.