Section
116.01 Definitions
116.02 License and operating agreement required
116.03 License reissuance
116.04 Alcoholic beverages, malt beverages and wine license requirements and fees
116.05 Special event alcoholic beverage licenses
116.06 Requirements for on-sale full-service restaurant licenses
116.07 Hours of operation
116.08 Consuming, mixing or possession of alcoholic beverages in public places
116.09 Operating agreement requirements
116.99 Penalty
Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
ALCOHOLIC BEVERAGE. Any distilled spirits, wine and malt beverages as defined in this chapter.
BAR. Any permanently installed counter within the restaurant area, or establishment, from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages.
DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use, containing not less than 0.5% of alcohol by weight.
FULL-SERVICE RESTAURANT. Any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or food and victuals such as sandwiches, hamburgers, or salads is not a full-service restaurant.
MALT BEVERAGE. A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human consumption, containing not less than 0.5% of alcohol by weight.
NON-PROFIT ORGANIZATION. An incorporated organization which exists for educational, religious or charitable reasons, and from which its shareholders or trustees do not benefit financially. Any money earned must be retained by the organization, and used for its own expenses, operations, and programs.
OFF-SALE. The sale of any alcoholic beverage, for consumption off the premises where sold.
ON-SALE. The sale of any alcoholic beverage for consumption only upon the premises where sold.
ON-SALE DEALER. Any person who sells, or keeps for sale, any alcoholic beverage for consumption on the premises where sold.
OPERATING AGREEMENT. An agreement made and entered into by the town with the owner/operator of a restaurant, bar, store, or establishment, for the purpose of allowing and regulating said business to operate with an on-sale and/or off-sale liquor or malt beverage license within the town.
PACKAGE. The bottle or immediate container of any alcoholic beverage.
PACKAGE DEALER. Any person, other than a distiller, manufacturer or wholesaler who sells, or keeps for sale, any alcoholic beverage for consumption off the premises where sold.
PUBLIC PLACE. Any place, whether in or out of a public building, commonly and customarily open to or used by the general public and any street or highway.
RETAIL LICENSE. Any on-sale or off-sale license issued under the provisions of this chapter.
RETAILER OR RETAIL DEALER. Any person who sells alcoholic beverages for other than resale.
SALE. The transfer, for a consideration, of title to any alcoholic beverage.
TO SELL AND SERVE ALCOHOLIC BEVERAGES. To take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic beverages.
WINE. Any liquid either commonly used, or reasonably adapted to use, for beverage purposes, and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not more than 24% of alcohol by weight.
(Ord. 4.0, passed 9-15-2015)
It is a violation of this chapter to transact any business involving the sale of alcohol, wine, or malt beverages without first obtaining a license required by this chapter and SDCL Title 35, and entering into an annual operating agreement with the town. Any violation is subject to the general penalty of § 10.99.
(Ord. 4.0, passed 9-15-2015)
Any application for the reissuance of a liquor, liquor restaurant, wine, or malt beverage license may be approved by the Hermosa Town Board without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation for the alcoholic beverage control law or the licenses has been suspended.
(Ord. 4.0, passed 9-15-2015)
(A) With the exception of any considerations referenced within the sections of this chapter, the following classifications and fees are established for on-sale, off-sale, on/off-sale, and/or package dealers in distilled spirits, liquors, wines, and malt beverages, as outlined below:
Class of License | Annual Licensing Fee | Monthly Operating Agreement Fee |
Class of License | Annual Licensing Fee | Monthly Operating Agreement Fee |
(1) On-sale dealer: Any person who sells or keeps for sale any alcoholic beverage, other than pursuant to another license under this chapter, for consumption on the premises where sold | $0 | $350 per month + 5% of all alcoholic beverage purchases |
(2) On-sale dealer: full-service restaurant, whose 5% of annual alcoholic beverage purchases do not exceed over $600 | Initial one time as provided for in § 116.06(E). | $125 per month + 5% of all alcoholic beverage purchases |
(3) On-sale dealer: full-service restaurant, whose 5% of annual alcoholic beverage purchases do not exceed over $1,200 | Initial one time as provided for in § 116.06(E). | $250 per month + 5% of all alcoholic beverage purchases |
(4) On-sale dealer: full-service restaurant, whose 5% of annual alcoholic beverage purchases exceed over $1,200 | Initial one time as provided for in § 116.06(E). | $350 per month + 5% of all alcoholic beverage purchases |
(5) Off-sale dealer: Any person who sells or keeps for sale any alcoholic beverage for consumption off the premises where sold | $250 | $350 per month + 5% of all alcoholic beverage purchases |
(6) Special (temporary) alcoholic beverage license in conjunction with a special event within the municipality to any civic, charitable, educational, fraternal, or veterans' organization. | N/A | $50 per day, not to exceed 15 consecutive days. |
(7) Malt beverage retailer: Any person who sells or keeps for sale, other than resale, malt beverages as both package dealers and on-sale dealers (RB) | $300 | $25 per month + 5% of all alcoholic beverage purchases |
(8) Off-sale malt beverage package dealer: Any person who keeps for sale or sells malt beverages for consumption off the premises where sold (PB) | $200 | $25 per month |
(9) Off-sale malt beverage and off-sale South Dakota wine package dealer: an off- sale malt beverage package dealer who also keeps for sale or sells wines produced pursuant to SDCL Chapter 35-12 for consumption off the premises where sold (PF) | $225 | $25 per month |
(10) Wine retailers, being both package dealers and on-sale dealers | $500 | $25 per month + 5% of all alcoholic beverage purchases |
(11) Malt beverage retailer and South Dakota wine retailers: Any person who sells or keeps for sale malt beverages and wines produced pursuant to SDCL Chapter 35-12 as both package dealers and on-sale dealers (BW) | $325 | $25 per month + 5% of all alcoholic beverage purchases |
(B) The monthly operating agreement fee for a non-profit organization or association applicant, or holder, shall be reviewed and set annually by the Hermosa Town Board upon the issuance, or renewal, of any liquor, liquor restaurant, wine, malt beverage, or temporary, license, and shall not exceed the monthly amount listed for the equal classification of license listed within division (A) of this section.
(C) Non-profit organizations and associations shall be required to provide a copy of the following items; Federal EIN letter, letter of incorporation, bi-laws, tax exempt status. Additionally, an annual report, along with any changes made to addresses, directors, officers, or registered agents, shall be submitted annually to effectively maintain non-profit status with the town.
(D) In lieu of the monthly operating agreement fee, as listed within division A of this section, each licensee who currently owns an off-sale malt beverage license, with or without a South Dakota Wine license, prior to the effective date of this chapter, shall be allowed to pay a one-time, flat fee of $150, due at the time of signing the operating agreement, for the remaining 2015-16 licensing year which shall expire at 11:59 p.m. on June 30, 2016. After this date, said licensee shall be required to follow the monthly operating agreement fee schedule, as outlined within division (A) of this section.
(Ord. 4.0, passed 9-15-2015)
(A) Special event alcoholic beverage licenses may be issued by the Town Board in conjunction with special events held within the town. Any license issued pursuant to this section may be issued for a period of time established by the Town Board, not to exceed 15 consecutive days. The license shall be issued to a person at a specific place in the same manner as licenses issued pursuant to § 116.03.
(B) The special alcoholic beverage licenses available are as follows:
(1) Special event malt beverage retailer. Special event malt beverage retailers licenses are available to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 116.03
(2) Special event on-sale wine retailer. Special on-sale wine retailers licenses are available to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 116.03, or to a person licensed by the Department of Revenue under SDCL Chapter 35-12.
(3) Special event on-sale dealer. Special on-sale dealer licenses are available to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 116.03.
(4) Special event off-sale package wine dealer. Special off-sale package wine dealers licenses are available to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 116.03, or licensed pursuant to SDCL Chapter 35-4-2(19) or SDCL Chapter 35-12. A special off-sale package wine dealer licensee may only sell wine manufactured by a farm winery that is licensed pursuant to SDCL Chapter 35-12.
(C) Persons requesting a special event alcoholic beverage license shall make application on forms available from the Finance Office, and shall be subject to the same background check, notice and public hearing requirements as an applicant for a license under § 116.03. No public hearing is required for the issuance of a special event license pursuant to this section if the person applying for the special event license holds an eligible permanent license and the special event license is to be used on publicly-owned property.
(D) The hours of operation of each special event alcoholic beverage license shall be as set by the Town Board, but in no event shall the special event license hours exceed those for an on-sale dealer provided by § 116.07.
(E) No person may be issued more than 20 special event alcoholic beverage licenses within any calendar year. Notwithstanding the foregoing, any combination of licenses issued to the same person, at the same place, for the same time, and for the same special event, shall be counted only as one license for purposes of the 20-license limit.
(Ord. 4.0, passed 9-15-2015)
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