Legal Age Issues
Operating Hours For
Legal Age to
Purchase and Consume Alcohol
The legal age to purchase and
consume alcohol in South Dakota is 21 years of age.
It is legal to sell alcohol to
persons aged 18-20 if they are in the immediate presence
of a parent, guardian or spouse who is over the age of
21. It is legal to refuse to serve anyone under the age
It is illegal to serve alcohol to
anyone under 18 years of age, even if accompanied by a parent
guardian or spouse who is 21 years of age or older.
It is illegal for a person less than 21 years old to loiter on
the licensed premises of an on-sale alcohol licensee.
Fines for Selling or Serving Underage People
No matter how
many alcohol licenses that a licensee may own on a premise, when one
license is suspended, all licenses are suspended.
If a alcohol
license is suspended, then the video lottery license is also
Purchasing, Consuming Alcohol by a Minor
SDCL 35-9-2, it is a Class 2 misdemeanor for any person
under the age of twenty-one to purchase, attempt to
purchase, possess or consume alcoholic beverages. It
is also a Class 2 misdemeanor for anyone under the age of 21
to misrepresent their age with use of any document for the
purpose of purchasing or attempting to purchase alcoholic
beverages from any business licensed to sell alcohol