Sections:
5.08.010 Definitions.
5.08.015 Penalty.
5.08.020 License required.
5.08.030 Hours of sale.
5.08.040 Violation as ground for revocation or suspension of license—multiple licenses.
5.08.050 No delivery—purchase only from licensed dealers.
5.08.060 Classification and fees.
5.08.070 Full-service on-sale restaurant licenses
5.08.080 Special event license requirements
5.08.090 Consumption only permit (brown bag)
5.08.100 Purchase of alcoholic beverages.
5.08.110 Number of liquor licenses.
5.08.120 Fee for alcoholic beverage licensees who have video lottery licenses.
5.08.130 On-sale restriction by school property.
This chapter shall set forth licensing requirements related to the sale of alcohol and malt beverages and shall regulate drinking establishments and the sale of alcohol and malt beverages within the city.
A term that is defined in a specific section of this chapter is to be first given the meaning therein defined. If a term is not defined in a specific section, the term is to be defined using the definitions below in this section. If a term is not defined in this section, the term is to be given the meaning as defined in Title 35 of the South Dakota Codified Laws (SDCL). If a term is not provided for in the SDCL, the term is to be given its plain and ordinary meaning.
“Bar” means any permanent installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person employed by the facility and is tending bar or drawing or mixing or otherwise preparing alcoholic beverages for consumption within the facility.
“Beer garden” means a designated area within the premises of a licensed on-sale dealer, identified in the license application, adjacent to the permanent structure on the licensed premises, and separated and defined by the temporary or permanent barriers required by this chapter. A beer garden shall not include the area of a deck or patio as defined in this chapter, and the beer garden may be covered or uncovered. The total area of a beer garden may not exceed the square footage of the ground floor footprint of the qualified, permanent structure located on the licensed premises.
“Building/structure” means a structure having a roof supported by columns or walls for the shelter, support or enclosure for persons, animals or chattels. A building may be precut or prefabricated, or it may be made up of mobile modules or sections, factory fabricated and transportable by rail or truck to a building site, and designed to be incorporated into a structure upon a permanent foundation on the said site.
“Business” means any activity, trade, calling, profession or occupation, whether sole proprietorship, partnership, corporation, limited liability company or other recognized entity, which regularly provides delivery of products and/or services from an address or other location(s) within the corporate limits of the city. Business includes “home occupations” which involve the sale of goods or services as described in this definition.
“Civic organization” means any South Dakota-recognized or 501(c)(4) not-for-profit organization or league not organized for profit, but operated exclusively for the promotion of social welfare or for the purpose of serving a public or mutual benefit within or to the community. Alternatively, any local association of persons, the membership of which is limited to the persons in the city, and the net earnings of which are devoted exclusively to charitable, educational or recreational purposes in the city.
“Charitable organization” means any South Dakota-recognized or 501(c)(3) not-for-profit organization (either a private foundation or a public charity) that is organized and operated exclusively for established philanthropic, humanitarian, altruistic, benevolent, public-spirited, scientific, literary or religious purposes, including but not limited to, relief of the poor, the distressed or the underprivileged; advancement of religion; advancement of education or science; erecting or maintaining public buildings, monuments or works; lessening the burdens of government; lessening neighborhood tensions; eliminating prejudice and discrimination; defending human and civil rights secured by law; and combating community deterioration and juvenile delinquency.
“Deck” means any walking surface, covered or uncovered, attached to the exterior of a structure and elevated above finish grade. Decks shall have at least one (1) access attached to a permanent structure for which malt beverage or alcohol is served or consumed.
“Educational organization” means any South Dakota-recognized or 501(c)(3) not-for-profit organization that is organized and operated exclusively for established educational purposes, encompassing individual instruction, as well as public instruction “on subjects useful to the individual and beneficial to the community”. An educational organization does not include any elementary, secondary or higher educational institution in the public school system of this state.
“Event” means an organized occurrence or happening lasting four (4) or more consecutive days, or where the city provides extraordinary services, including but not limited to, sanitation services, law enforcement or traffic control. This definition does not apply to a special event license described below.
“Fraternal organization” means any South Dakota-recognized or 501(c)(8) or 501(c)(10) not-for-profit organization that is organized and operated for a fraternal purpose, and whose membership is based on a common tie or the pursuit of a common object. A fraternal organization must operate under a lodge system.
“Floor” means an area that is surrounded by exterior walls and a roof of the building or portion thereof.
“Full-service restaurant” means any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths or the bar. Any restaurant that only serves fry orders or food such as sandwiches, hamburgers or salads is not a full-service restaurant.
“Minor” means any person who is under the age of twenty-one (21).
“Operation” means in action, functioning.
“Patio” means any finished walking surface that is at grade and is covered or uncovered. Patios shall have one (1) access attached to a permanent structure for which malt beverage or alcohol is served or consumed.
“Public place” means any location (in or out of a building) that the local, state or national government maintains for the use of the public, such as a street, highway, alley, public parking area, parks or public building.
“Restaurant” means a room and/or structure regularly, and in bona fide manner, used and kept open for the serving and/or preparing of meals to guests for compensation, which has suitable table accommodations for at least fifty (50) guests therein at one and the same time; and a kitchen connected therewith containing conveniences for cooking sufficient to provide preparation and cooking of meals in a bona fide manner for fifty (50) or more guests at one and the same time. Facilities who serve only prepackaged foods or items that can be heated in a microwave or small pizza or toaster ovens will not be considered a restaurant.
“Roof” means any structural element or group of elements that are structural in nature and are covered with a material(s) that is (are) weather-resistant. The roof shall be the topmost element of the structure that meets the requirement of the current adopted building code.
“Special event on-sale license.” For the purpose of Section 5.08.080, a “special event within the municipality” is defined as an event or activity to be conducted within the city by a generally recognized:
A. Civic organization with an active chapter located within the city;
B. Charitable organization with an active chapter located within the city;
C. Educational organization with an active chapter located within the city;
D. Fraternal organization with an active chapter located within the city;
E. Veterans organization with an active chapter located within the city, or one of the following events or activities within the city to be conducted by a licensee already holding an on-sale license issued by the city pursuant to SDCL 35-4-2(4), (12), or (16):
1. Wedding reception;
2. A private family gathering;
3. An event sponsored by or for the benefit of a recognized non-profit organization.
To obtain the special event license, the applicant shall submit an application, stating their qualifications for a special event license on a form consistent with the requirements of SDCL 35-4-124, and providing all additional information required by the city finance office to meet the requirements of this chapter. A special event license may only be issued to a current city license holder only for the same class of license previously issued to the licensee by the city.
“To sell and serve alcoholic beverages” means to take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. This term does not include tending bar or drawing or mixing alcoholic beverages.
“Wall” means any wall or element of a wall, or any member or group of members, structural or nonstructural, which defines the boundaries of a building, is opaque in nature, with the exception of windows or doors, and supports a roof and/or floor above.
“Veterans organization” means any bona fide congressionally chartered veterans organization. (Ord. 810 (part), 2018: Ord. 785 (part), 2017: Ord. 680, 2011: Ord. 459, 1996: prior code § 3-101)
Any violations of these provisions of this chapter is a Class 2 misdemeanor. In addition, any person holding a license under this chapter who is found to be in violation of any provisions of this chapter shall face the possibility of revocation or non-renewal of any license. (Ord. 810 (part), 2018: Ord. 785 (part), 2017)
No person shall sell, exchange, barter, distribute or keep for sale any alcoholic or malt beverage, as herein defined, without having obtained a license therefor, pursuant to the provisions of Title 35 of the South Dakota Codified Laws and this chapter. All classes of licenses shall also be set out in Title 35, except where otherwise indicated.
Any person who intends to sell, exchange, barter, distribute or keep for sale any alcoholic or malt beverage shall make an application for license, under the provisions of SDCL Title 35, to the city finance officer. The application shall be presented along with payment for the license fee. A public hearing is required before approval and issuance of any new license or the transfer of an existing license issued.
The common council may approve or disapprove an application for any license, depending on whether the Council deems the applicant a suitable person to hold the license, and whether the council considers the proposed location suitable. The common council may, at its discretion, require the applicant to appear personally at any meeting of the council, and to answer any questions that may be asked pertaining to the applicant or the place of business that may in any way pertain to the carrying on of the business applied for.
Upon issuance of the license, the licensee shall be given a copy of this chapter, and shall sign a statement verifying that he or she has received a copy of this chapter and signed an operating agreement with the city. It shall be the responsibility of each licensee to acknowledge in writing they have read and understood this chapter and the operating agreement.
Any licensee under this chapter and SDCL Title 35 must be a person of good moral character who has never been convicted of a felony. If the licensee is a corporation, the managing officers thereof must have like qualifications. (Ord. 810 (part), 2018: Ord. 785 (part), 2017: Ord. 680 (part), 2011: prior code §§ 3-102, 3-103)
The common council may revoke or suspend any license issued under this chapter and SDCL Title 35 upon proof of violation by the licensee, by the licensee’s agents or employees, or by the manager or contractual operators of retail establishments and their agents or employees operating under a city license, of any of the following:
1. Any provision of SDCL Title 35;
2. Any rule promulgated pursuant to SDCL Title 35; or
3. Any ordinance or regulation relevant to alcoholic beverage control that has been adopted by the city.
For any licensees with multiple alcoholic beverage licenses for the same premises, upon suspension or revocation of any license issued pursuant to this chapter or SDCL Title 35, such licensee shall cease operation under all alcoholic beverage licenses held by such licensee for the same premises for the same period as the suspension or revocation. (Ord. 810 (part), 2018: Ord. 785 (part), 2017: Ord. 680 (part), 2011)
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