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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)
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)
(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)
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)
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)
The city shall maintain a registry of each full-service on-sale restaurant license that is being offered for sale at the price established in this chapter, and the city shall furnish a copy of the registry to anyone who requests a new full-service restaurant on-sale license. The existing full-service restaurant on-sale licensee is responsible for registering with the city that the full-service restaurant on-sale license is for sale.
(1992 Code, § 5-2.10) (Ord. 153-08, passed 12-15-2008; Ord. 53-18, passed 6-19-2018; Ord. 126-19, passed 12-10-2019)
The city may only issue a new full-service restaurant on-sale license pursuant to this section if no on sale license is on the registry or a person desiring to purchase an on-sale license listed on the registry provides documentation showing that the person is unable to purchase the on-sale license at the price established in §§ 111.002 and 111.009, and on terms satisfactory to both the potential buyer and seller. Any on-sale license registered as "for sale" with the city shall be sold at the price set by the city pursuant to an ordinance adopted in accordance with §§ 111.002 and 111.009.
(1992 Code, § 5-2.11) (Ord. 153-08, passed 12-15-2008; Ord. 53-18, passed 6-19-2018; Ord. 126-19, passed 12-10-2019)
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