S.D. Codified Laws § 35-4-78

Current through the 2024 Legislative Session

Section 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.

SDCL 35-4-78

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.

Amended by S.L. 2018, ch. 213,s. 85, eff. 7/1/2018.