Loading...
§ 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)
Loading...