(A) It shall be unlawful for any person to possess or consume any alcoholic beverage, within the corporate limits of the city within one mile of the corporate limits, in any public place; except that possession and consumption will be lawful within the confines of a licensed on-sale establishment as provided by law and possession will be lawful with any package that is properly sealed in accordance to § 110.02. PUBLIC PLACE shall mean any place, whether within or without a building, any street, highway, alley, sidewalk or parking lot, commonly and customarily open to or used by the general public, whether open or closed to the public, unless approved by the City Council.
(B) The sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises is permitted provided that the license holder derives more than 50% of its gross receipts from the sale of prepared food for consumption on the licensed premises. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises. This section does not apply to any federal aid-eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid. The sidewalk or walkway subject to a public right-of-way where the sale and consumption of alcoholic beverages is permitted does not constitute a public place as defined in SDCL § 35-1-5.3, if the sidewalk or walkway subject to a public right-of-way has been properly authorized for sale and consumption of alcoholic beverages. The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way, as provided by this section, shall be consistent with the hours permitted for the on-sale license.
(Ord. 549, passed 3-11-2002; Ord. 592, passed 5-11-2009) Penalty, see § 10.99