(A) No on-sale licensee may permit any person less than 21 years old to loiter on the licensed premises or to sell, serve, dispense, or consume alcoholic beverages on such premises. However, an on-sale licensed pursuant to SDCL § 35-4-2(4), (5), (6), (11) or(14) (as amended) may permit 18 year olds to sell and serve or dispense alcoholic beverages if not less than 50% of the gross business transacted by that establishment is from the sale of food and the licensee or an employee that is at least 21 years of age is on the premises when the alcoholic beverage is sold or dispersed. For the purpose of this section, the term TO SELL AND SERVE ALCOHOLIC BEVERAGES means to take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar, or drawing or mixing alcoholic beverages.
(B) No off-sale licensee licensed under SDCL § 35-4-2(6) may permit any person less than 21 years old to sell, serve, or dispense alcoholic beverages on the licensed premises unless such sales of alcoholic beverages constitutes less than 50% of the gross business transacted by that establishment.
(C) An on-sale license issued a license pursuant to SDCL § 35-4-2(5) whose sale of alcoholic beverages constitutes more than 50% of the gross business transacted by that establishment may erect a physical barrier to allow for multiple uses of the premises by persons of all ages provided persons under the age of 21 are not permitted access to the area reserved for the sale of malt beverages. For the purpose of this section, a physical barrier includes, but is not limited to: a wall; fence; rope; railing; or other physical feature erected for the sole purpose of restricting the free flow of foot traffic and access to certain area of a premises.
(D) No off-sale licensee licensed under SDCL § 35-4-2(3) or (5) (as amended) may permit any person less than 21 years old to sell, serve, or dispense alcoholic beverages on the licensed premises.
(Ord. 549, passed 3-11-2002) Penalty, see § 10.99