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;

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Terms Used In South Dakota Codified Laws 35-9-1.4

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(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.

Source: SL 2010, ch 180, § 41.