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§ 35-9-1.4 Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.

SD Codified L § 35-9-1.4 (2019) (N/A)
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35-9-1.4. Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person. No criminal penalty may be imposed on a licensee licensed pursuant to this title if:

(1) The person making the sale in violation of § 35-9-1 or 35-9-1.1 is an employee or agent of the licensee;

(2) The employee or agent does not own a controlling interest in the licensee; and

(3) The licensee or person having a controlling interest in the licensee is not present at the time of the sale.Source: SL 2010, ch 180, § 41.

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§ 35-9-1.3 Sale of alcoholic beverage to underaged person based on false identification document--Conviction barred.
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§ 35-9-1.5 Fine imposed on licensee when sale does not constitute criminal offense.