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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)
No package dealer or off-sale dealer, as defined by this chapter, shall permit or shall make any deliveries of alcoholic beverages outside their place of business without a transport license from the South Dakota Department of Revenue. No person shall buy any alcoholic beverages in package except from a package dealer, holding a valid license. (Ord. 810 (part), 2018: Ord. 785 (part), 2017: Ord. 680 (part), 2011: Ord. 610 (part), 2005: Ord. 597, 2004: prior code § 3-107)
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