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(A) Notwithstanding the provisions of SDCL § 35-4-11, each municipality may issue two convention facility on-sale licenses pursuant to SDCL § 35-4-2(13) for convention facilities substantially constructed within the two years following issuance of the license or previously completed.
(B) If located in a municipality with a population of 20,000 or greater, the hotel-motel convention facility shall be used and kept open for the hosting of large groups of guests for compensation and shall have at least 100 rooms that are suitable lodging accommodations and convention facilities with seating for at least 400 persons.
(C) If located in a municipality with a population of less than 20,000, the hotel-motel convention facility shall have at least 40 rooms that are suitable lodging accommodations and convention facilities with seating for at least 150 persons.
(D) If a municipality's population changes, the facility is only required to meet the criteria established by this section for the license at the time the license was originally issued.
(SDCL § 35-4-11.2)
(A) No on-sale or off-sale licensee, licensed under § 113.15(A)(3), (4), (5), (6), (9), (11), (13), or (18), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. or on Sunday after 2:00 a.m., on Memorial Day after 2:00 a.m., or at any time on Christmas Day. However, this municipality may, by ordinance, allow the sale, service, and consumption of alcoholic beverages on Sundays, Christmas Day and/or Memorial Day.
(SDCL § 35-4-81)
(B) No on-sale or off-sale licensee licensed under § 113.15(A)(12), (16), (17), (17A),(19) and (20) may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m.
(SDCL § 35-4-81.2) Penalty, see § 10.99
(A) An application for any license shall be on the form prescribed by the Department of Revenue. All applications for retail licenses, except those cited in SDCL § 35-2-1.1 shall be submitted to the governing body. The municipality shall approve or disapprove the application based on the grounds that the applicant is a suitable person and that the proposed location is suitable.
(B) The governing body shall review the following factors in determining whether or not a video lottery machine shall be permitted in establishments issued an on-sale alcoholic beverage license pursuant to SDCL § 35-4-2(12) and (16):
(1) The number of current establishments currently licenses for video lottery;
(2) The proximity of the business to other establishments licensed for video lottery;
(3) The type of business and manner in which the applicant proposes to operate it;
(4) The location of the business in relation to other businesses, residential areas, or activities within the same general area;
(5) The extent to which minors frequent a business connected to the one proposed; and
(6) The effect the proposed business has on economic development.
(C) The governing body is to certify on each application filed with the Department for a license granted under § 113.15(A)(12) and (16) whether the business premises is authorized for video lottery machine placement.
(D) An existing video lottery license may not be denied renewal or transfer based upon the criteria set out in division (B). The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, the municipality may not restrict the number of alcoholic beverage licenses issued under § 113.15(A)(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994.
(SDCL § 42-7A-64)
(A) The municipality shall hold a hearing on the application for a license. Notice of the hearing must be published one time, one week prior to the hearing in the official newspaper. Any resident who requests written notice of the hearing must be notified accordingly.
(B) (1) If the application is denied after the hearing, the fee is returned to the applicant. If after the hearing, the application is granted, the fee is deposited in the general fund and the application is forwarded to the secretary of the Department, who can accept or reject the application.
(2) If the application is for a malt beverage license, only one-half of the fee is deposited in the general fund. The other one-half is forwarded to the secretary of the Department.
(C) A license cannot be reissued to the same applicant for a one-year period if the license has not been actively used by the applicant during the previous two years.
(A) If the applicant already holds a license and is applying for the same class of license at the same location for the next license year, then only the approval of the governing body is necessary to issue the license for the new year.
(B) One copy of the application is forwarded to the Department and a new card will be issued by the Department with an appropriate expiration date. The mayor or chairperson the governing board shall sign the new card in the lower right hand corner to properly validate the card.
(A) The procedure for a transfer of license is the same as for application for a new license. The fee for a transfer is $150. An affidavit of bulk sale and the existing license card must be submitted with the application for transfer.
(B) The application to transfer the license shall only be permitted if all municipal and state sales and use taxes incurred by the licensee as a result of the operation have been paid, and all property taxes, which are the liability of the licensee are paid or are not delinquent.
Fifty percent of all license and transfer fees received pursuant to subdivision SDCL § 35-4-2(16) shall remain in the municipality in which the licensee paying the fee is located. If the licensee is located outside the corporate limits of a municipality, 50% of the fees remain in the county in which the licensee is located. The remainder of all license and transfer fees and penalties received shall be credited to the state general fund.
(SDCL § 35-4-2.11)
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