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(A) Notwithstanding the provisions of § 113.61, above, any on-sale or off-sale licensee may permit persons 18 years old or older to sell or serve alcoholic beverages if less than 50% of the gross business transacted by the establishment is from the sale of alcoholic beverages, or the licensee or an employee that is at least 21 years of age is on the premises when the alcoholic beverage is sold or served.
(B) For the purposes of this section, the term, TO SELL OR SERVE ALCOHOLIC BEVERAGES, does not include tending bar or drawing, pouring, or mixing alcoholic beverages.
(SDCL § 35-4-79.4)
Penalty, see § 10.99