March 4, 1975
Representative Lars Herseth
Capitol Building
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-40
SDCL 35-4-79
Dear Representative Herseth:
You have asked whether SDCL 35-4-79 prohibits a person between the ages of eighteen and twenty-one years from consuming 3.2 beer in an establishment having both an on sale and 3.2 beer license.
SDCL 35-4-79 provides:
No on-sale licensee shall permit any person less than twenty-one years old to loiter on the licensed premises or to sell, serve, dispense or consume alcoholic beverages on such premises.
This provision clearly prohibits persons between the ages of eighteen and twenty-one years from consuming alcoholic beverages. Alcoholic beverages are defined in SDCL 35-1-1 to include 3.2 beer.
Therefore, persons between the ages of eighteen and twenty-one years are prohibited from consuming 3.2 beer on the premises of an on sale establishment even if the establishment also has a 3.2 beer license.
There is no specific provision allowing 3.2 beer to be consumed on the premises of an on sale establishment. In saying this, I am taking SDCL 35-6-27 and 35-9-1 and -2 into consideration. The statute is clear on its face.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:MAG:dh
