The bill amends South Dakota's existing law regarding the sale of alcoholic beverages to intoxicated individuals. It specifies that no licensee, or any employee or agent of a licensee, may sell or serve alcohol to a person who is obviously intoxicated, with violations classified as a Class 1 misdemeanor.

Importantly, the bill removes the previous legal protection that shielded licensees from civil liability for injuries or damages resulting from the intoxication of individuals due to the sale or consumption of alcohol. This change establishes a new civil liability for licensees, allowing injured parties to seek damages if they can prove that alcohol was served to an obviously intoxicated person.

Statutes affected:
Introduced, 01/29/2026: 35-4-78