The Board of Trustees of the town adopts the following criteria to be used in considering applications for the issuing licenses pursuant to SDCL 35-4-11.2:
(A) All licenses shall be site-specific and are subject to renewal annually and are subject to non-renewal or revocation for failure after issuance to continue to meet the requirements of state law and the criteria set forth in this section;
(B) The applicant must have received all prior required approvals under town ordinances required from the Board of Trustees including plan review by the Town Engineer prior to approval of the application for the convention facility liquor license;
(C) The applicant must provide satisfactory and adequate proof or evidence of financial ability or financing in place for construction of facilities necessary to comply with this criteria and state law;
(D) Approval of the convention center liquor license shall be withdrawn and canceled if the building permit for the convention center facility is not requested and issued within 3 months of the approval of the application;
(E) The convention center liquor license will not be issued for the use until completion of the convention center liquor license facility and issuance of a certificate of occupancy by the Town Engineer for the convention center facility;
(F) Eighty percent of the convention center facility must be completed within 1 year from the date of the issuance of the building permit. The Board of Trustees of the town may issue an extension for a period of time not exceeding 6 months if completion is delayed by unforeseen circumstances, acts of God or other conditions or reasons which could not have reasonably been anticipated by the applicant;
(G) State law requires 40 rooms, which are suitable lodging accommodations. If a room is usually and customarily rented as 1 unit, it shall be counted as 1 room without regard to the number of beds or bedrooms. Dormitory or bunkrooms shall be considered as 1 room. In addition, rooms shall meet all code requirements;
(H) (1) State law requires convention facilities with seating for at least 150 persons. This facility or room shall be a room with sufficient size, shape and features which are consistent with a convention meeting room and whose primary purpose is for allowing convention attendees or groups to hold meetings or gatherings for conventions or group purposes and shall not be used for other purposes more than 30 days per year;
(2) The room must lend itself well to conventions or groups, may be used on occasion for other purposes, provided that the room does not contain or include any permanent furniture and that any other equipment, fixtures or personal property such as booths, restaurant facilities and other equipment cannot be easily removed so as to fit within the traditional and usual area and configuration of a convention or group meeting room;
(3) The room may not be easily accessible to or by the general public (other than convention guests) and must be easily and adequately separated from other public areas. The room shall meet all building, fire and life safety codes and ADA code provisions, including exit and fire door requirements. The room shall consist of 1 room which may be temporarily divided for the purpose of meeting this requirement, provided the room is in compliance with all building, fire and safety codes and ADA provisions;
(4) Restrooms meeting ADA specifications must be provided on the same floor as the meeting room. Additionally, the meeting room shall have an automatic sprinkling system; and
(5) The above criteria shall apply to all new construction. For existing buildings, the criteria under this division shall apply, provided that limited exceptions to the criteria may be made provided that the applicant intends on using and does in fact use the facility in a bona fide manner for hosting of large groups or guests for compensation;
(I) The fee for a convention center liquor license shall be $ 60,000, $30,000 of which shall be paid at the time of the issuance of the building permit and the balance in the amount of $30,000 to be paid upon completion of the facility and issuance of the certificate of occupancy; and
(J) The establishment of criteria pursuant to this section shall not preclude the town from adding criteria or amending this section.
(Ord. passed 8-1-2018)