SD Laws Regarding 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 21 years of age or older. 
• It is legal to refuse to serve anyone under the age of 21. 
• 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.  

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 any document to purchase or attempt to purchase alcoholic beverages from any business licensed to sell alcohol beverages. SDCL 35-9-2