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.
South Dakota Legal Code