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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)
No license shall be issued pursuant to this chapter except after a public hearing unless otherwise expressly stated. Classes of licenses, with the fee of each, follow:
ANNUAL LICENSE | LICENSE TERM | INITIAL FEE | RENEWAL FEE |
ANNUAL LICENSE | LICENSE TERM | INITIAL FEE | RENEWAL FEE |
Off-sale package liquor license | January 1 through December 31 | Price as set by city council | $1,500 |
On-sale liquor license | January 1 through December 31 | Price as set by city council, but may not be less than one dollar ($1.00) for each person residing within the city, as measured by the last preceding federal census. | $1,200 |
Full-service on-sale restaurant license | January 1 through December 31 | Market price as set by city council | $1,200 |
Convention facility on-sale liquor license | January 1 through December 31 | Price as set by city council, but may not be less than one dollar ($1.00) for each person residing within the city ,as measured by the last preceding federal census. | $1,200 |
Retail (on- and-off sale) wine license | January 1 through December 31 | $500 | $500 |
On- and off-sale malt beverage and SD farm wine license | July 1 through June 30 | $300 | $300 |
Transfer fees | $150 | ||
(Ord. 810 (part), 2018: Ord. 785 (part), 2017: Ord. 680 (part), 2011: Ord. 610 (part), 2005: prior code § 3-106)
An applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality, with an application form provided by the municipality, to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages, and not from the sale of alcoholic beverage. The supporting documentation concerning the primary source of revenue submitted pursuant to this section is confidential.
The full-service restaurant on-sale licensee shall submit an annual report and supporting documentation to the city, on forms provided by the city finance office, of the annual sales of the full-service restaurant, which includes an oath verifying the validity of the information provided in the report. When renewing the license, the city shall condition the license renewal upon receiving documentation that not more than forty percent (40%) of gross sales from the preceding twelve (12) months’ operation of the full-service restaurant is derived from the sale of alcohol or alcoholic beverages. The report and the supporting documentation submitted pursuant to this section are confidential. The report shall contain the annual gross sales of the licensee for the following two (2) categories:
1. Food and nonalcoholic beverage sales: and
2. Alcoholic beverage sales.
Full-service on-sale restaurant license holders shall follow all South Dakota Codified Laws regarding full-service restaurant on-sale license.
(Ord. 810 (part), 2018: Ord. 785 (part), 2017)
The following are special event license and fees:
SPECIAL EVENT LICENSES | INITIAL FEE |
Special malt beverage retailer and/or on-sale wine retailer license to organizations. (For any qualified public, civic, charitable, educational, fraternal or veterans organization in conjunction with a special event within the municipality.) | $50.00 for first day and $5.00 per day thereafter |
Special malt beverage license by current licensee. Issued to any holder of an alcoholic beverage license issued pursuant to SDCL 35-4-2(4), (6), or (16), in conjunction with a special event temporary malt beverage license, in addition to any other licenses held by the special event applicant. | Same as fee established in SDCL 35-4-2(16) |
A. To obtain a special event license, the applicant shall submit to the city finance office: the license fee; the license application, which shall include a statement of the qualifications of the applicant for a special event license, on a form consistent with the requirements of SDCL 35-4-124, including an authorized statement of consent to the license by the participating local civic, charitable, educational, fraternal or veterans organization, as defined in Section 5.08.010 herein, and a statement of the fixed location of the active chapter of the participating local non-profit organization within the city. The application shall also include all other information required to comply with this title, as established by the policies of the city finance office, including but not limited to, the following:
1. Applicant’s and licensee’s contact information;
2. General description of the event;
3. A separate statement of consent and participation from the civic, charitable, education, fraternal or veterans organization;
4. Address and legal description of the event location, including the specific area and size proposed for the event;
5. Description of how the applicant will ensure compliance with all alcoholic beverage sales laws;
6. Proof of proper insurance covering the event must be provided (public liability and liquor liability insurance coverage in the amount of one million dollars ($1,000,000.00) per person, two million dollars ($2,000,000.00) per occurrence, and naming the city as an additional insured thereunder).
B. A special event license issued pursuant to this section shall only be issued to the organization for the location and dates specified on the application. Any license issued pursuant to this section may be issued for a period of time established by the common council. However, such period may not exceed fifteen (15) consecutive days, with each day expiring at twelve o'clock (12:00) midnight.
C. The license must be issued in the same manner as any other alcoholic beverage license, including the requirement that notice of the application must be published and a public hearing must be held, with the exception that the state does not have to grant approval. The common council shall have sole discretion to approve or disapprove the application, depending on whether it deems the applicant suitable to hold the license, and whether it considers the proposed location suitable.
D. If an organization receiving a license pursuant to this section conducts a street dance or concert in conjunction with the special event, the organization shall provide qualified security personnel as deemed necessary by the governing body that issued the license to maintain order during the event.
E. The applicant must apply for this license not less than forty-five (45) days prior to the scheduled event.
F. No entity may be issued more than ten (10) special licenses per calendar year.
(Ord. 810 (part), 2018: Ord. 785 (part), 2017)
The consumption of alcoholic beverages in any public place except at on-sale locations is prohibited.
The city may issue a permit for the consumption or blending of alcoholic beverages at a public place upon receipt of a written request from the person(s) or organization.
A permit granted pursuant to this provision shall be for a length of time authorized by the common council, which shall not exceed twenty-four (24) hours, and shall not be permitted between the hours of two o’clock (2:00) a.m. and seven o’clock (7:00) a.m.
The granting of a permit pursuant to this provision does not authorize the person(s) or organization granted a permit to sell alcoholic beverages. The person(s) or organization granted a permit pursuant to this provision is prohibited from selling alcoholic beverages.
A special permit issued pursuant to this section may only be issued to the person(s) or organization, location and date specified on the application.
An application fee of five dollars ($5.00) shall be submitted with the application for the special permit.
The applicant must submit an application permit not less than forty-five (45) days prior to the scheduled event in order to allow sufficient time for the common council to consider the request.
The applicant must be at least twenty-one (21) years of age and provide an acceptable form of identification, together with a signed hold harmless agreement, and the name, policy number and expiration date of the applicant’s homeowner’s insurance or liability insurance carrier, and proof that the policy will cover the event. (Ord. 810 (part), 2018: Ord. 785 (part), 2017: Ord. 680 (part), 2011)
Each licensee classified in Sections 5.08.060 and 5.08.080 of this chapter shall buy all alcoholic beverages through the city’s alcoholic beverage license, and shall be subject to all provisions of SDCL Title 35. The licensee shall pay directly the distributor of all alcoholic beverages for any and all invoices attributable to such establishment.
Each licensee classified in Sections 5.08.060 and 5.08.080 of this chapter shall pay to the city, on or before the twentieth (20th) of each month, a mark-up of ten percent (10%) on all alcoholic, non-alcoholic wine and malt beverage, or malt beverage invoices from the preceding month, and submit the monthly remittance form itemizing all costs. (Ord. 810 (part), 2018: Ord. 785 (part), 2017: Ord. 708, 2012: Ord. 680 (part), 2011)
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