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The municipality is authorized to issue the following licenses:
(A) Airport license to be used for convention or entertainment purposes.
(1) Any municipality with a population in excess of 35,000 which operates an airport pursuant to SDCL Chapter 50-7 and holds a license pursuant to SDCL §§ 35-4-14 and 35-4-2(1), shall also be authorized to use the license at any bona fide convention activity or entertainment activity including, but not limited to: any theatrical or musical performance, rodeo or traveling show if the event is held at a convention hall.
(2) The selling, serving or dispensing of any alcoholic beverage may not occur earlier than one hour before the commencement of the event, or at any time after the event is concluded. All sales must occur within areas designated for that purpose.
(B) Five-day convention hall licenses.
(1) Such license shall be issued without regard to population limitations established by law.
(2) Any municipality with a population exceeding 100,000 or any municipality hosting an annual event attended by 100,000 or more people may issue an on-sale license to be operated at a sporting event held at a publicly owned sports arena or facility seating a minimum of 1,000 persons. Before a license may be issued in a municipality hosting an annual event, the municipal finance officer shall estimate the previous year's attendance and provide the estimate to the governing body.
(3) Any license issued pursuant to this subdivision may be issued for a period not to exceed five consecutive days and will expire at 12:00 midnight on the fifth day after issuance.
(4) No public hearing is required if the individual applying for the license holds an on-sale alcoholic beverage license in the municipality or holds an operating agreement for municipal on-sale alcoholic beverage license. No person who holds an operating agreement for a municipal license pursuant to SDCL § 35-4-14.1 may receive a license pursuant to this section.
(C) Special malt beverage retailer's license and special retail on-sale wine dealer's license.
(1) This license may be issued to any civic, charitable, educational or fraternal organization in conjunction with a special event.
(2) The fee is $5 per day for a period not to exceed 15 consecutive days.
(3) This license shall be issued in the same manner as other malt beverage licenses, except that the state does not have to grant approval and the license fee remains in the municipality.
(D) Spiking permit.
(1) It is unlawful for a person to consume any intoxicating liquor or mix an alcoholic beverage in any public place other than an on-sale establishment.
(2) The governing body may grant authorization for persons to consume or blend alcoholic beverages on property that is publicly owned or owned by a nonprofit corporation. The permit period shall not exceed 24 hours and the hours or authorization shall not exceed those permitted for on-sale licenses.
(E) Organizational special events. The municipality may issue a special events temporary on-sale liquor license if the applicant is recognized as an exempt organization under the US Internal Revenue Code, and the licensee holds a malt beverage retailer license within the municipality. The license may be issued for a period of time not to exceed two consecutive days.
(A) Except as provided in SDCL § 35-4-2(12) and (16), off-sale licenses may only be issued under this chapter to operate within a municipality or an improvement district created pursuant to SDCL Chapter 7-25A.
(SDCL § 35-4-6)
(B) No more than two off-sale licenses issued pursuant to SDCL § 35-4-2(3) and (5) may be issued under SDCL Chapter 35 to operate in a municipality of1,000 or less and not exceeding one license for every additional 1,500 of population or fraction thereof.
(C) The number of off-sale licenses may not be less than the total number of licenses allowable as of July 1, 1981, and that have never been revoked or not reissued.
(SDCL § 35-4-10)
(A) Pursuant to SDCL § 35-4-11, if not fixed by ordinance, the governing board of the municipality may on or before September 1 in each year, by resolution, determine the number of on-sale and off-sale licenses it will approve for the ensuing calendar year, and the fees to be charged for the various classifications of licenses.
(B) The number of on-sale licenses issued may not exceed three each for the first 1,000 of population or fraction thereof and not exceed one each of such licenses for each additional 1,500 of population or fraction thereof.
(C) The number of licenses allowable may not be less than the total number of licenses allowable or issued as of July 1, 1981. The municipal governing board shall at such meeting establish the fee for on-sale licenses pursuant to § 113.15(A)(4) and (13). Such fee shall apply to all such on-sale licenses issued in the ensuing calendar year. The quotas established in this section do not apply to licenses issued pursuant to § 113.15(A)(12), (16), (17), and (17A).
(D) For the purposes of this section, population is equal to 90% of the population estimates published by the United States Census Bureau for each even-numbered year, except for the decennial year. For a decennial year, population is equal to the amount determined by the decennial federal census. No license issued pursuant to this section which exceeds the number of licenses that would have been issued upon the decennial federal census may be denied solely by reason that the license exceeds the number of licenses authorized by the decennial federal census.
(SDCL § 35-4-11)
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