A. Municipal Auditorium And Public Convention Hall On-Sale Licenses: Any Municipal auditorium or public convention hall, through its director or operator, may apply for an on-sale liquor license pursuant to South Dakota Codified Laws 35-4-14.1 and, if granted, may use and renew the on-sale liquor license as provided by law.
B. Special Event Alcoholic Beverage Licenses: Special event alcoholic beverage licenses, under South Dakota Codified Laws 35-4-124, may be issued by the City Council in conjunction with special events held within the City of Mitchell. Any license issued pursuant to this section may be issued for a period of time established by the City Council, not to exceed fifteen (15) consecutive days. The license shall be applied for and issued in the same manner as other alcohol licenses issued by the City of Mitchell, except as further provided in this section.
1. Special Application Requirements: Any application for a special event alcoholic beverage license shall include the class of special alcoholic beverage license applied for and contain a map of the intended location for use of the special event alcoholic beverage license.
2. Effect Of Boundaries For Licenses: The sale of alcoholic beverages pursuant to a special event alcoholic beverage license shall not take place beyond the boundaries shown on the map. Alcoholic beverages sold pursuant to an off-sale special event alcoholic beverage license shall not be consumed at the location of the sale. Consumption of alcoholic beverages sold pursuant to an on-sale special event alcoholic beverage license may occur within the same boundaries set for the sale of alcoholic beverages and may only occur outside of those boundaries in conjunction with a consumption permit issued by the City Council pursuant to subsection 4-2-4B1 of this chapter and South Dakota Codified Laws 35-1-5.5.
3. Hours Of Effect: The City Council, when granting a special event alcoholic beverage license, shall set the hours for which the special event alcoholic beverage license shall be effective with such hours never to exceed those for an on-sale alcoholic beverage dealer.
4. Fees Set By City Council: The fees for each special event alcoholic beverage license shall be set by the City Council by resolution.
5. Hearing Requirement: A public hearing shall be required for special event alcoholic beverage licenses in the same manner as for other alcohol licenses. However, no public hearing shall be required for an event held on publicly owned property by an applicant for a special event alcoholic beverage license who already holds the corresponding class of permanent alcohol license issued by the City of Mitchell.
6. Limits On Issuance: No person may be issued more than two hundred (200) special event alcoholic beverage licenses within any calendar year. For calculation purposes, 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 two hundred (200) license limit.
C. Types Of Special Event Alcoholic Beverage Licenses And Classes Of Eligibility: The following types of special event alcoholic beverage licenses are available to the corresponding classes of applicants for use in conjunction with a special event in the City of Mitchell:
1. Special Malt Beverage Retailer's License: Available to any civic, charitable, educational, fraternal, or veterans' organization or any licensee licensed pursuant to South Dakota Codified Laws 35-4-2(4), (6), or (16). (Ord. 2533, 4-4-2016)
2. Special On-Sale Wine Retailer's License: Available to any civic, charitable, educational, fraternal, or veterans' organization or any licensee licensed pursuant to South Dakota Codified Laws 35-4-2(4), (6), or (12) or any farm winery license. (Ord. O2018-04, 4-9-2018)
3. Special On-Sale License: Available to any civic, charitable, educational, fraternal, or veterans' organization or any licensee licensed pursuant to South Dakota Codified Laws 35-4-2(4) or (6).
4. Special Off-Sale Package Wine Dealer's License: Special off- sale package wine dealer's licenses are available in the following situations: (Ord. 2533, 4-4-2016)
a. Any civic, charitable, educational, fraternal, or veterans' organization or any licensee licensed pursuant to South Dakota Codified Laws 35-4-2(3), (5), or (12), or any farm winery license. A special off-sale package wine dealer's licensee may only sell wine manufactured by a farm winery license; or (Ord. O2018-04, 4-9-2018)
b. Any civic, charitable, educational, fraternal, or veterans' organization in conjunction with a special event conducted pursuant to subsection C7 of this section.
5. Special Off-Sale Package Malt Beverage Dealer's License: Available to any civic, charitable, educational, fraternal, or veterans' organization in conjunction with a special event, conducted pursuant to subsection C7 of this section.
6. Special Off-Sale Package Dealer's License: Available to any civic, charitable, educational, fraternal, or veterans' organization in conjunction with a special event, conducted pursuant to subsection C7 of this section.
7. Special Off-Sale Restrictions: A civic, charitable, educational, fraternal, or veterans' organization holding a special event license pursuant to subsections C4b, C5, and C6 of this section shall only sell wine, malt beverages, or alcoholic beverages, as applicable to the license, that have been donated by members of the public. Any donated alcoholic beverage must have been purchased by the donor from a licensed South Dakota retailer. (Ord. 2533, 4-4-2016)