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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)
Any person who is licensed pursuant to SDCL 35-4-2(4), (6), (11), (12), (13), or (16), and who is issued a video lottery establishment license pursuant to SDCL 42-7A-41, must pay an additional annual fee for locating video lottery machines on the licensed premises. The fee is established at fifty dollars ($50.00) for each video lottery machine, and the fee shall be paid at the same time and in the same manner as the fees paid on licenses issued pursuant to SDCL 35-4-2. All fees received under this section shall be deposited into the general fund of the city. (Ord. 810 (part), 2018: Ord. 785 (part), 2017: Ord. 680 (part), 2011: Ord. 457, 1996: Ord. 374 (part), 1992: prior code § 3-109)
Any on-sale licensed property, that is, property to property, within two hundred (200) feet of school property may not serve alcoholic beverages outside of the building, and all alcoholic beverages must stay within the structure. (Ord. 810 (part), 2018: Ord. 785 (part), 2017: Ord. 680 (part), 2011)