(A) Sale of alcoholic beverages under age 18 years. It is a Class 1 misdemeanor, pursuant to SDCL § 35-9-1, to sell or give for use as a beverage any alcoholic beverage to any person under the age of 18 years unless:
(1) It is done in the immediate presence of a parent or guardian or spouse, who is at least 21 years of age, while not on the premises of an establishment licensed for the retail sale of alcoholic beverages pursuant to SDCL § 35-4-2 or at a special event for which an alcoholic beverage license has been issued; or
(2) It is done by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.
(B) Sale of alcoholic beverages age 18 years but less that 21 years of age. It shall be unlawful to sell or give for use as a beverage any alcoholic beverage to any person who is 18 years of age or older but less than 21 years of age unless:
(1) It is done in the immediate presence of a parent or guardian or spouse over 21 years of age; or
(2) It is done by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes.
(C) Unlawful for any person under the age of 21 years of age. It shall be unlawful for any person under the age of 21 years of age to purchase, attempt to purchase, or possess or consume alcoholic beverages except pursuant to division (B) above or when consumed in a religious ceremony and given to the person by an authorized person, or to misrepresent his or her age with the use of any document for the purpose of purchasing or attempting to purchase alcoholic beverages for any licensee licensed under this chapter.
(Prior Code, § 3A-04) (Ord. 1142, passed 9-9-2014) Penalty, see § 10.99