(A) Generally. This chapter shall apply to all business in the nature of special sales for which a license or permit is required by any law or ordinance of this city. It shall be unlawful for any person, either directly or indirectly, to conduct any such sale except in conformity with the provisions of this chapter.
(1) Selling any goods or services;
(2) Soliciting business or offering goods or services for sale or hire; or
(3) Acquiring or using any vehicle or any premises in the city for business purposes.
(C) Agents responsible for obtaining license or permit. The agents or other representatives of nonresidents who are doing business in this city shall be personally responsible for the compliance of their principals and of the business they represent with this chapter.
(D) Separate license or permit for branch establishments; rental real property.
(1) A license or permit shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in as if each such branch establishment or location were a separate business. Warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.
(2) Each rental real property shall be deemed a branch establishment or separate place of business for the purposes of this chapter when there is a representative of the owner or the owner’s agent on the premises who is authorized to transact business for such owner or owner’s agent, or when there is a regular employee of the owner or of the owner’s agent working on the premises.
(E) Joint license or permit . A person engaged in two or more businesses at the same location shall not be required to obtain separate licenses or permits for conducting each of such businesses but, when eligible, shall be issued one license or permit, which shall specify on its face all such businesses.
(F) No license or permit required for mere delivery. No license or permit shall be required of any person for any mere delivery in the city of any property purchased or acquired in good faith from such person at his or her regular place of business outside the city where no intent by such person is shown to exist to evade the provisions of this chapter.
(G) Special permits to nonprofit enterprise.
(1) The City Finance Officer or his or her designee shall issue special permits, without the payment of any license or permit fees or other charges therefor, to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he or she finds that the applicant operates without private profit for a public, charitable, educational, literary, fraternal or religious purpose.
(2) An applicant for a special permit shall submit an application therefor to the city upon forms prescribed by the city and shall furnish such additional information and make such affidavits as the city shall require.
(3) A person or organization operating under a special permit shall operate his or her nonprofit enterprise in compliance with this chapter and all other applicable rules and regulations, except as provided herein.
(Prior Code, § S-1-2) (Ord. 986, passed - -) Penalty, see § 110.99
Statutory reference:
Related provisions, see SDCL § 9-34-1