Section
114.01 Definitions
114.02 License required
114.03 Application
114.04 Supplemental items; license fee
114.05 Application procedure
114.06 Waiver of requirements
114.07 Violation of application/license
114.08 Activity facilities
114.09 Official supervision
114.10 Additional law enforcement
114.11 Traffic and parking
114.12 Cleanup; damage
114.13 Disorderly conduct; disturbances
114.14 Alcoholic beverage regulations
114.15 Days and hours of operation
114.99 Penalty
Statutory reference:
Authority to license, regulate pool and billiard rooms and bowling alleys, see SDCL § 9-34-14
Authority to license, regulate shows and amusements, see SDCL § 9-34-13
For the purpose of this chapter, the following words, terms and phrases shall have the meanings ascribed to them herein, unless the context clearly indicates otherwise:
OUTDOOR. Not totally enclosed within a building or other structure; and ENCLOSED shall mean totally surrounded by walls, roof or other enclosure so as to prevent the escape of the noise or sound of whatever is going on within. Open windows, doors or the like that allow the noise or sound to escape and potentially disturb the peace of anyone else shall cause the activity within to constitute an outdoor activity.
OUTDOOR DANCE, CONCERT or SIMILAR ENTERTAINMENT. Any such event or happening whether on private or public property, whether the same is a private or exclusive event or open to the public, and whether the same is free of charge or subject to charge, admission or cover fee or similar cost or reimbursement, whether direct or indirect, whatsoever. OUTDOOR DANCE, CONCERT or SIMILAR ENTERTAINMENT shall be liberally construed, and the governing body shall be the final interpreter as to whether any event of happening shall fit within the definition of OUTDOOR DANCE, CONCERT or SIMILAR ENTERTAINMENT.
No person, corporation, organization or other entity shall manage, hold, conduct or otherwise maintain any outdoor dance, concert or similar entertainment within the municipal limits of the municipality or within one mile of the municipal limits of the municipality, without first obtaining a license therefore, as provided herein.
Any applicant for the license described in § 114.02 shall file an application with the governing body (or, if the event is to be on public property under the jurisdiction of a municipal park and recreation board, the application shall be filed with the board) at least 30 days prior to the proposed event, and the application shall contain the following information:
(A) Applicant's name, and street and mailing address.
(B) If applicant is a corporation, names and street and mailing addresses of all officers and directors.
(C) If applicant is a partnership, names and street and mailing addresses of all partners.
(D) If applicant is a noncorporate organization or other joint venture, names and street and mailing addresses of all officers, if any, all directors, if any, and if there are no officers nor directors, names and street and mailing addresses of at least three primary or responsible persons of the organization or venture, all of whom must sign the application.
(E) Location or place of the event, including street address, if any, and the parameters or boundaries, with specificity, including exits.
(F) Date(s) of the event.
(G) Proposed time(s) and hours of operation.
(H) Type of entertainment (dance, concert, or other) with specificity, including name of band or other entertainment.
(I) Approximate or projected number of people who may attend the event(s).
(J) Whether alcoholic beverages will be sold, served, consumed or otherwise provided.
(K) If alcoholic beverages are to be present, whether underage persons will be allowed to attend.
(L) If alcoholic beverages are present and underage persons are allowed, applicant's specific plan to provide proper barriers or separation as required by statutory law.
(M) The number of security persons and their type, kind or level of training, experience or expertise.
(N) The number, kind and location(s) of restroom facilities and trash receptacles.
(O) The plan for parking and traffic flow, (including parking locations) and regulation, with specificity.
(P) The plan for cleanup following the event, including the number of persons involved, the means and method of disposal of trash and refuse, the location of dumping and the proposed deadline that cleanup will be completed.
(Q) Any other information that may be required by the governing board.
Loading...