STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

August 7, 1968

Honorable Thomas Ranney
State Representative
Rapid City, South Dakota 57701

OFFICIAL OPINION NO. 68-15

Minimum age of children in pool halls

Dear Representative Ranney:

You have requested my official opinion as to the application of Chapter 30, Laws of 1968 relating to the minimum age of persons in pool rooms. You have indicated there is some question as to whether or not this act of the Legislature went beyond its apparent intent and in fact prohibited persons under the age of 19 years from going into any place where 3.2 beer is sold for consumption on the premises.

In my opinion this statute relates solely to pool or billiard parlors or pool or billiard rooms where non-intoxicating beer and wine are sold for consumption on the premises. There is no age limit on presence in pool halls where beer is not served.

SDC 13.1724, prior to the amendment by Chapter 30, Session Laws of 1968, read in part as follows:

"13.1724 Children in pool rooms: penalty. It shall be unlawful for any person under the age of eighteen years of age to enter or frequent any pool or billiard hall or room unless accompanied by his parent or guardian, or for the proprietor or any employee of such place to allow any such unaccompanied person to enter or frequent such place . . ." (Emphasis supplied.)

Originally a person under 18 years of age was prohibited from entering or frequenting a "pool or billiard hall or room." The words "pool or billiard hall or room" must be taken together as they refer to a particular type of place. If the words "pool or billiard" did not modify "room" as well as "hall" a child under 18 could not have entered any "room" without the presence of his parent or guardian. Such an interpretation would, of course, have been absurd.

The amendment did not basically change SDC 13.1724. It did do two things. First, it changed the age from 18 to 19 years for entering or frequenting pool or billiard halls or rooms; and it added the further limitation on such age restriction that it applied only to those billiard halls or rooms which sold non-intoxicating liquor for consumption on the premises. If non-intoxicating liquor is not sold for consumption on the premises there is no age restriction for entering or frequenting such "pool or billiard halls or rooms." I am aware of the legislative history and discussion on this Act, and while this is not germane in interpreting and considering state statutes, I feel the Legislature accomplished its intent by the enactment of Chapter 30, 1968.

As our Supreme Court has stated in interpretation of a statute, although words must be given their clear meaning, yet this does not hold when to give such effect to a part of the statute would produce an absurd result when considered in the light of the clear intent of the whole statute that such absurd intent should prevail. Red Wing Sewer Pipe Co. v. City of Pierre, 36 S.D. 276, 154 N.W. 712.

Respectfully submitted,

Frank L. Farrar
Attorney General