(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)