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SD Penalties for Serving Minors

Serving alcohol to minors in South Dakota has serious ramifications. Establishments can be fined $1,000 for a first liquor violation and $2,000 for a second violation. If within the first 24 months a third violation occurs, their liquor license may be suspended or revoked.

However, if all the employees at a restaurant are trained by an approved training course, such as the SD Responsible Serving course, the penalties for serving a minor are cut in half. The fine for a first violation is $500 and $1,000 fine for the second violation. However, there is still a risk of the establishment losing its liquor license in case of a third violation within 24 months.

Servers also face serious consequences for providing alcohol to minors including being fired, fined, jailed or losing their driver's license:
  • Serving alcohol to a person who is under the age of 18 is considered a Class 1 misdemeanor.
A Class 1 misdemeanor in South Dakota can include up to one year in jail and/or a $2,000 fine.In addition to a Class 1 misdemeanor penalty, a server who serves alcohol to a minor under the age of 18 may have his or her driver's license revoked for 30 days and up to 1 year.
  • Serving alcohol to person who is between the ages 18-20 is considered a Class 2 misdemeanor.
If charged with a Class 2 misdemeanor, servers face penalties of up to 30 days in jail and/or a $500 fine (SDCL 22-6-2). In addition to a Class 2 misdemeanor penalty, a server who serves alcohol to an underage person between the ages of 18 and 20 may have his or her driver's license suspended or restricted for 30 days and up to 1 year (SDCL 35-9-7 and 35-9-8).

South Dakota Bartender License and Recertification