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§ 116.02 LICENSE AND OPERATING AGREEMENT REQUIRED.
   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)
§ 116.03 LICENSE REISSUANCE.
   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)
§ 116.04 ALCOHOLIC BEVERAGES, MALT BEVERAGES AND WINE LICENSE REQUIREMENTS AND FEES.
   (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)
 
§ 116.05 SPECIAL EVENT ALCOHOLIC BEVERAGE LICENSES.
   (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)
§ 116.06 REQUIREMENTS FOR ON-SALE FULL-SERVICE RESTAURANT LICENSES.
   (A)   An applicant for an on-sale full-service restaurant license shall provide documentation to the Finance Officer that the applicant meets all requirements of state law for an on-sale full-service restaurant license, including but not limited to: SDCL § 35-4-112. Documentation in support of initial application for full-service restaurant on-sale license. In the initial application, an applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality or county to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverages. The supporting documentation concerning the primary source of revenue submitted pursuant to this section is confidential.
   (B)   The renewal of an on-sale full-service restaurant license is conditioned upon the applicant satisfying all state requirements for renewal, including but not limited to: SDCL § 35-4-113. Renewal of full-service restaurant on-sale license--Annual report. If the municipality or county is renewing a full-service restaurant on-sale license, the municipality or county shall condition the license renewal upon receiving documentation that at least 60% of gross revenue from the preceding 12 months operation of the full-service restaurant was derived from the sale of food and nonalcoholic beverages. The full-service restaurant on-sale licensee shall submit an annual report to the municipality or county on the revenues from the full-service restaurant that includes an oath verifying the validity of the information provided in the report. The report and the supporting documentation submitted pursuant to this section are confidential. The report shall contain the annual gross revenues of the licensee for the following two categories: (1) food and nonalcoholic beverage gross revenues; and (2) total gross revenues.
   (C)   Certain licensees to report amount paid for other licenses; objection to report; hearing; appeal. Any person who purchased an on-sale license issued pursuant to SDCL §§ 35-4-2(4) or 35-4-2(6) within the last five years shall report to the town the amount paid for the license. If the town requests from any other licensee the amount originally paid for any other on-sale license pursuant to SDCL § 35-4-117, the licensee shall report that amount to the town. The declared purchase price shall be made under oath and shall include the documents establishing the amount paid for the on-sale license. If the transaction included other personal property or real property, the full market value of the other property on the date of the transaction shall be deducted from the total purchase price to establish the amount paid for the license. The person who owned the license as of the date of the adoption of this section has the burden of establishing the amount paid for the license. If the amount reported is used to determine current fair market value pursuant to SDCL § 35-4-117, any licensee who contends that the amount does not accurately reflect the fair market value of the license on the date of purchase may file an objection to the report. The objection shall be filed with the town within 30 days of the date the license fee is set pursuant to SDCL § 35-4-116. If an objection is filed, the Board of Trustees for the town shall conduct a hearing to determine the fair market value of the license. The determination of the Board of Trustees for the town may be appealed to circuit court.
   (D)   The city will maintain a registry of each on- sale license that is being offered and will provide a copy of the registry to anyone who requests a new on-sale full-service restaurant license.
   (E)   All full-service restaurant licensees shall be required to pay a one-time initial licensing fee equal to the market value of the license established by the board under SDCL § 35-4-117, which will be at least $1 for each person residing within the municipality as measured by the last preceding decennial federal census. (Source SDCL §§ 35-4-19.1, 35-4-111, 35-4-116, and 35-4-117. Nine, Inc. v. City of Brookings, 797 N.W.2d 73 (SD 2011)).
(Ord. 4.0, passed 9-15-2015; Ord. passed 9-4-2018)
§ 116.07 HOURS OF OPERATION.
   The following table establishes the hours during which alcoholic beverages may be sold and the holidays when alcoholic beverages may not be sold for each class of license:
Type of License
Hours
Days
Holidays
Type of License
Hours
Days
Holidays
(A) On-sale dealer
12 midnight to 2:00 a.m. and 7:00 a.m. to 12 midnight
Monday through Sunday
No Christmas Day sales
(B) On-sale dealer (Full-service restaurant licensee)
12 midnight to 2:00 a.m. and 7:00 a.m. to 12 midnight
Monday through Sunday
No Christmas Day sales
(C) Special (Temporary) alcoholic beverage dealer
12 midnight to 2:00 a.m. and 7:00 a.m. to 12 midnight
Monday through Sunday
No Christmas Day sales
(D) Off-sale dealer
7:00 a.m. to 12 midnight
Monday through Sunday
No Christmas Day sales
(E) Malt beverage retailer
12 midnight to 2:00 a.m. and 7:00 a.m. to 12 midnight
Monday through Sunday
N/A
(F) Off-sale malt beverage package dealer
12 midnight to 2:00 a.m. and 7:00 a.m. to 12 midnight
Monday through Sunday
N/A
(G) Off-sale malt beverage and off-sale South Dakota wine package dealer
12 midnight to 2:00 a.m. and 7:00 a.m. to 12 midnight
Monday through Sunday
N/A
(H) Wine retailers, being both package dealers and on-sale dealers
12 midnight to 2:00 a.m. and 7:00 a.m. to 12 midnight
Monday through Sunday
N/A
(I) Malt beverage retailer and South Dakota wine retailers
12 midnight to 2:00 a.m. and 7:00 a.m. to 12 midnight
Monday through Sunday
N/A
 
(Ord. 4.0, passed 9-15-2015)
§ 116.08 CONSUMING, MIXING, OR POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.
   (A)   It is unlawful for any person to consume any intoxicating liquor or malt beverage or to mix or blend any alcoholic beverage with any other beverage, regardless of whether the beverage is an alcoholic beverage, in any public place, other than upon the premises of a licensed on-sale retailer where the alcoholic beverage was purchased from the dealer for on-sale purposes.
   (B)   It is unlawful for any person to possess an alcoholic beverage, in an unsealed container or in an open receptacle, in any public place other than upon the premises of a licensed on-sale retailer where the alcoholic beverage was purchased from the retailer for on-sale purposes.
   (C)   Nothing in this section shall be construed to prohibit the sale or consumption of malt beverages on the licensed premises of a park concessionaire as long as the malt beverages are purchased from the concessionaire.
   (D)   Notwithstanding divisions (A), (B), and (C), the Board of Trustees may authorize consumption of blending of alcoholic beverages in a public place, but not the sale of the same, in or upon property described by the Town Board, which property is publicly-owned, or owned by a non-profit corporation. The authorization shall not exceed 72 hours and hours of consumption shall not exceed those permitted for on-sale licensees.
   (E)   A licensee that is licensed to sell wine on-sale may permit a customer to carry out the unconsumed portion of a bottle of wine if the customer purchased the bottle of wine from the licensee and consumed a portion of it with a meal that was prepared and served by the licensee at a table on the licensed premises. The licensee shall securely reseal the bottle of wine with a cork or other similar cap and place the bottle in a sealed bag or other container. The licensee shall also attach a receipt for the meal and the wine to the bag or container. A bottle of wine that is recorked and sealed as provided in this division is not a violation of the provisions of division (B) if the cork and the seal have not been disturbed.
   (F)   A licensee that is licensed to sell wine on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed premises for consumption by the customer while eating a meal that was prepared by the licensee and that was served at a table on the licensed premises. The licensee may charge a corkage fee for serving wine supplied by a customer. Consumption of wine pursuant to this division is not a violation of division (A). The customer may carry out the unconsumed portion of the bottle of wine if it is securely resealed by the licensee as provided in division (E). Such resealed bottle is not a violation of division (B) if the cork and seal have not been disturbed.
(Ord. 4.0, passed 9-15-2015)
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