S.D. Codified Laws § 35-9-2.1

Current through the 2024 Legislative Session

Section 35-9-2.1 - Merchant may detain person under twenty-one who purchases, attempts to purchase or possesses alcoholic beverage-Conditions

Any merchant who is a licensee under this title, or the merchant's employee, who has reasonable grounds to believe a person under the age of twenty-one has illegally purchased, attempted to purchase, or possess alcoholic beverages or has misrepresented the person's age with the use of any document for purposes of purchasing or attempting to purchase alcoholic beverages from the merchant or the merchant's employee, may detain the person, on the premises of the merchant's establishment, in a reasonable manner and for a reasonable length of time:

(1) To request identification;

(2) To verify the identification;

(3) To make reasonable inquiry as to whether the person has violated § 35-9-2;

(4) To inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; or

(5) In the case of a minor, to inform a law enforcement officer or the parents, guardian, or other private person interested in the welfare of that minor of this detention and to surrender custody of the minor to that person.

SDCL 35-9-2.1

SL 2000, ch 185, §1.