SDCL § 35-9-1.4: Circumstances under which criminal penalty may not be imposed on licensee for furnishing alcoholic beverage to underage person.

No criminal penalty may be imposed on a licensee licensed pursuant to this title if:

(1) The person making the sale in violation of § 35-9-1 or 35-9-1.1 is an employee or agent of the licensee;

(2) The employee or agent does not own a controlling interest in the licensee; and

(3) The licensee or person having a controlling interest in the licensee is not present at the time of the sale.