A. Definitions: As used in this section, the following terms shall have the following meanings:
LICENSEE: The holder of any license within the City of Mitchell for the sale, whether on-sale, off-sale or both, of any alcoholic beverage, including malt beverages.
TAVERN OR BAR: Any place of business licensed for the sale of any alcoholic beverages, including malt beverages, which actually derives more than fifty percent (50%) of its gross proceeds from the sale of alcoholic beverages.
UNDERAGE PERSON (MINOR): Any person who is below the age determined by State law for lawful purchase of the alcoholic beverages sold by a licensee at a particular tavern or bar 2 .
B. Underage Persons Prohibited; Exception:
1. No licensee who operates a tavern or bar shall suffer or permit any underage person to enter or remain on the premises of such tavern or bar, except in the immediate presence of the underage person's parent, legal guardian or spouse, if the spouse is not an underage person.
2. No underage person may enter, attempt to enter or remain on the premises of a tavern or bar.
3. A licensee who operates a tavern or bar may employ an underage person if such employment complies with South Dakota Codified Law 35-4-79.4. Such underage person may only be present on the licensee’s premises for work purposes.
C. Signs Posted: Any licensee who operates a tavern or bar shall conspicuously post a sign in a place and in a manner so as to be readily visible to and easily read by any person entering the tavern or bar stating that no persons under the lawful age for that tavern or bar may enter and stating the applicable age under the provisions of this section and applicable State law 3 . (Ord. 1551, 6-1-1987; amd. Ord. O2022-11, 7-5-2022)
Notes
| 1 | 1. See also title 6, chapter 4 of this Code. |
| 2 | 2. SDCL § 35-4-79. |
| 3 | 2. SDCL § 35-4-79. |