§ 111.001 DEFINITIONS.

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALCOHOLIC BEVERAGE, WINE, MALT BEVERAGE AND DISTILLED SPIRITS AND OTHER WORDS AND TERMS. The same as the definitions given them by SDCL 35-1-1.

   BAR. Any permanently installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages.

   FULL-SERVICE RESTAURANT. Any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths or the bar. Any restaurant that only serves fry orders or foodstuffs such as sandwiches, hamburgers or salads is not a FULL-SERVICE RESTAURANT.

   PUBLIC CONVENTION HALL. A real estate site and building, structure, or edifice which may be used by the general public or portions of the general public for purposes of meetings, discussions, conventions, shows, displays, amusements, and any other public purpose per SDCL 9-53-1(1).

   RESTAURANT. Any area in a building maintained, advertised and held out to the public as a place where individually priced meals are prepared and served primarily for consumption in such area and where at least 60% of the gross revenue of the restaurant is derived from the sale of food and nonalcoholic beverages. The RESTAURANT shall have a dining room or rooms, a kitchen and the number and kinds of employees necessary for the preparing, cooking and serving of meals.

(1992 Code, § 5-1) (Ord. 18-88, passed 3-7-1988; Ord. 153-08, passed 12-15-2008; Ord. 68-09, passed 7-13-2009; Ord. 53-18, passed 6-19-2018; Ord. 46-22, passed 4-13-2022)

Cross-reference:

   Definitions and rules of construction generally, see § 10.002

§ 111.002 CLASSIFICATIONS AND FEES.

   The following classifications and fees are established for dealers in distilled spirits, wines, and malt beverages:

Classification	Fee
Full-service restaurant on-sale license
Initial fee	$192,517
Annual fee	$1,500
Malt beverage and wine produced by a farm winery license, being both on-sale dealers and package dealers
Annual fee	$300
Off-sale dealers
Initial fee        Annual fee	An amount not less than $500 and as otherwise determined by § 111.012.1 $500
Off-sale delivery
Annual fee	$150
On-sale dealers, including convention facility on-sale
Initial fee	An amount not less than $240,646 and as otherwise determined by § 111.015.1
Annual fee	$1,500
On-sale dealers at publicly operated airports
Annual fee	$250
Special one-day off-sale package wine dealers
Per day, not to exceed 15 consecutive days	$50
Special one-day malt beverage retailers license
Per day, not to exceed 15 consecutive days	$25
Special one-day wine retailers license
Per day, not to exceed 15 consecutive days	$25
Special one-day on-sale license
Fee for first day	$100
Fee for each subsequent day, not to exceed 15 consecutive days	$50
Wine and cider retailers, being both package dealers and on-sale dealers
Annual fee	$500

 

(1992 Code, § 5-2) (Ord. 18-88, passed 3-7-1988; Ord. 136-95, passed 10-16-1995; Ord. 45-01, passed 5-21-2001; Ord. 160-06, passed 12-11-2006; Ord. 106-08, passed 8-18-2008; Ord. 23-09, passed 3-9-2009; Ord. 68-09, passed 7-13-2009; Ord. 32-11,passed 5-16-2011; Ord. 26-15, passed 3-17-2015; Ord. 76-17, passed 8-15-2017; Ord. 53-18, passed 6-19-2018; Ord. 126-19, passed 12-10-2019; Ord. 148-21, passed 12-7-2021; Ord. 52-23, passed 7-5-2023)

§ 111.003 ON-SALE DEALERS.

   The number of on-sale dealers in alcoholic beverages other than wine retailers and malt beverage retailers and dealers licensed by the city shall be issued based on the maximum number of on-sale licenses allowed by SDCL 35-4-11.

(1992 Code, § 5-2.1) (Ord. 136-95, passed 10-16-1995; Ord. 46-01, passed 5-21-2001; Ord. 95-06, passed 8-7-2006; Ord. 160-06, passed 12-11-2006; Ord. 106-08, passed 8-18-2008; Ord. 46-22, passed 4-13-2022)

§ 111.004 LICENSE APPLICATION REQUIREMENTS.

   An applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality with an application form provided by the municipality 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.

(1992 Code, § 5-2.2) (Ord. 153-08, passed 12-15-2008)

§ 111.005 ANNUAL REPORTS.

   (a)   When renewing, the full-service restaurant on-sale licensee shall submit an annual report and supporting documentation to the city on forms provided by the city of the annual sales of the full-service restaurant, which 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.

   (b)   The report shall contain the annual gross sales of the licensee for the following two categories:

      (1)   Food and nonalcoholic beverage gross revenue; and

      (2)   Total gross revenues.

(1992 Code, § 5-2.3) (Ord. 153-08, passed 12-15-2008; Ord. 68-09, passed 7-13-2009)

§ 111.006 LICENSE RENEWALS.

   When reviewing a full-service restaurant on-sale license renewal, the city shall condition the license renewal upon receiving the documentation that at least 60% of gross sales from the preceding 12 months operation of the full-service restaurant is derived from the sale of food and nonalcoholic beverages. This percentage must be met or the license will not be renewed.

(1992 Code, § 5-2.4) (Ord. 153-08, passed 12-15-2008; Ord. 68-09, passed 7-13-2009)

§ 111.007 ONLY RETAIL, ON-SALE SERVICE PERMITTED.

   A full-service restaurant on-sale licensee may only serve alcoholic beverages for on-premise consumption in the bar and dining room area of the restaurant.

(1992 Code, § 5-2.5) (Ord. 153-08, passed 12-15-2008)