§ 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)

§ 111.008 SMOKING PROHIBITED.

   No licensee that has a full-service restaurant on-sale license may allow smoking on the licensed premises.

(1992 Code, § 5-2.7) (Ord. 153-08, passed 12-15-2008)

§ 111.009 FULL-SERVICE RESTAURANT LICENSE FEES.

   Pursuant to state law, the city may issue additional on-sale licenses to full-service restaurants for a fee of at least $1 for each person residing within the municipality as measured by the last preceding decennial federal census.

(1992 Code, § 5-2.8) (Ord. 153-08, passed 12-15-2008; Ord. 126-19, passed 12-10-2019)