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The following procedures will apply any time one or more new on-sale dealer liquor license(s) become available to be issued per SDCL 35-4-11.
(a) The city shall cause to be published a notice of public sale at least twice in a legal newspaper with general circulation in the area, with the first publication not less than ten calendar days prior to the date of the sale. The notice shall state the number of on-sale dealer liquor licenses to be sold by sealed bid, the time, date, and place for the opening of bids, and that bids shall be made on a form available from the city. The notice shall also state that the city reserves the right to reject any or all bids and that a bidder must conform to the requirements of state law and city ordinance to qualify as an alcoholic beverage licensee.
(b) Sealed bids shall be made using a form provided by the city, which will require specifying the location where the on-sale dealer liquor license will be used and the amount of the bid. Only one sealed bid will be accepted per location. The sealed bids must be filed with the city prior to the time and date specified in the notice. Each bid shall contain the bid form, along with a nonrefundable application fee in the amount of $100.
(c) On the date and place for the opening of bids, all sealed bids will be opened, and bidders will be listed in sequential order from highest to lowest bid. The order for tie bids will be determined by the earliest date and time the bid was received by the city.
(d) No bid may be less than the minimum established for on-sale dealer liquor licenses in § 111.002.
(e) The bidder(s) providing the highest bids, based on the number of available on-sale dealer liquor licenses as prescribed in § 111.013, shall be notified in writing of their conditional award. The issuance of the license shall be conditioned upon the eligibility of the bidder to hold the license, suitability of the proposed premises upon which alcoholic beverages will be sold, active use of the license for a minimum of 60 days within two years of issuance or as otherwise required by SDCL 35-2-5.3, and compliance with all other state law and city ordinance requirements, including but not limited to applicable zoning, building, and property maintenance codes. The city council reserves the right to stipulate such other and further conditions, based on suitable person and suitable location, for issuance of the license as may be necessary and proper. All conditionally awarded bids, including the name of the bidder and the amount of the bid, shall be published online by the city within five business days of the date of written notice of conditional award to the bidder.
(f) If no conditional use permit is required, conditionally awarded bidders must submit a completed uniform alcoholic beverage license application along with the on-sale dealer liquor license fee, in the amount of the conditionally awarded bid, to the city within ten business days of the date of written notice of conditional award.
(g) If a conditional use permit is required, conditionally awarded bidders must submit a conditional use permit application within 30 calendar days of the date of written notice of conditional award. The conditional use permit process must be concluded within 60 calendar days of the date of written notice of conditional award unless extended by the planning commission or city council. Upon receiving the conditional use permit, the conditionally awarded bidder must submit the uniform alcoholic beverage license application and the on-sale dealer liquor license fee, in the amount of the conditionally awarded bid, to the city within ten business days of receiving the conditional use permit.
(h) If one or more of the highest bidders receiving a conditional award do not meet all conditions as prescribed in the ordinance for approving their application, the next highest bid or bids may be conditionally accepted in the same manner as the prior higher bid(s). If a bidder voluntarily withdraws a conditionally awarded bid prior to submitting the uniform alcoholic beverage license application, that bidder shall be deemed ineligible to provide a bid for future on-sale dealer liquor licenses from the city for a period of three years. In the case where a bidder has provided multiple bids, lower bids must be voluntarily withdrawn prior to higher bids, whether the bids are conditionally awarded or otherwise.
(i) After all new on-sale dealer liquor licenses have been approved by the city council, the time period for executing these procedures shall be closed. Any remaining on-sale dealer liquor license bids shall be deemed ineligible for further consideration. Any additional on-sale dealer liquor licenses that may become available shall require a new sealed bid process as prescribed in § 111.015.1.
(j) Proceeds from the sale of the on-sale dealer liquor licenses, above the minimum Initial Fee for on-sale dealer liquor licenses established in § 111.002, shall be utilized for the purposes of community betterment initiatives which may include, but not limited to, addressing substance abuse, mental health, safety, homelessness and the housing of at-risk populations.
(Ord. 46-22, passed 4-13-2022; Ord. 52-23, passed 7-5-2023)
No person, unless he or she first obtains a license provided by SDCL title 35, shall transact the business authorized by the title to be conducted by the licensee within the city or within one mile of its territorial limits.
(1992 Code, § 5-4) (Ord. 18-88, passed 3-7-1988)
It is unlawful for any licensee under the provisions of the state alcoholic beverage law, and this chapter, or other person to violate any of the provisions of the law or of this chapter or to fail to comply therewith within the city or within one mile of its territorial limits.
(1992 Code, § 5-5) (Ord. 18-88, passed 3-7-1988) Penalty, see § 10.999
The place of business of an alcoholic beverage licensee shall be within the premises as described in the legal description provided on the application for the license. The premises must conform to all requirements of the state and the city and be a safe and proper place.
(1992 Code, § 5-6) (Ord. 18-88, passed 3-7-1988)
(a) Every public facility on-sale dealer in alcoholic beverages, including distilled spirits, wines and/or malt beverages, that allows consumption of alcoholic beverages on the licensed premise shall flash the lights of his or her place of business at 1:45 a.m. each day as a warning that within 15 minutes the licensed premises will close. By 2:00 a.m., every on-sale dealer in alcoholic beverages, including distilled spirits, wines and/or malt beverages, that allows consumption of alcoholic beverages on the licensed premise shall clear his or her premises of all persons except employees and shall lock all doors to the premises. Each public facility on-sale dealer in alcoholic beverages, including distilled spirits, wines, and/or malt beverages, which allows consumption of alcoholic beverages on the licensed premise, and his or her employees shall leave the place of business or premises by 2:30 a.m. Each public facility on-sale dealer in alcoholic beverages, including distilled spirits, wines, and/or malt beverages, which allows consumption of alcoholic beverages on the licensed premise may enter the premises or authorize one of his or her employees to enter his or her premises at any time for the purpose of reasonable maintenance of the premises. For the purpose of this section, REASONABLE MAINTENANCE means only that maintenance as is necessary to prevent the deterioration or destruction of the premises or any fixtures located thereon. The purpose of this division (a) is that the premises of any public facility on-sale
dealer in alcoholic beverages, including distilled spirits, wines, and/or malt beverages, which allows consumption of alcoholic beverages on the licensed premise shall be wholly vacant during the closed period, except as provided in this section.
(b) Any of the public facility on-sale dealers having on their licensed premises a duly licensed restaurant pursuant to SDCL ch. 34-18 and who comply with all ordinances applicable thereto and which restaurant is operated in a room separate and apart from the room wherein intoxicating liquor is or can be dispensed may, notwithstanding anything to the contrary set forth in this section, continue to operate exclusively as a restaurant, provided all intoxicating liquor and the facilities for dispensing it are isolated and contained in a separate room devoted principally to the use of dispensing and consuming of alcoholic beverages and which room with its alcoholic contents is vacated, closed and locked as provided in this section.
(1992 Code, § 5-7) (Ord. 18-88, passed 3-7-1988; Ord. 6-89, passed 1-16-1989; Ord. 116-89, passed 11-20-1989; Ord. 106-08, passed 8-18-2008; Ord. 53-18, passed 6-19-2018)
(a) No wine or malt beverage retailer license shall be issued in the same building as an on-sale license or an off-sale license or another wine or malt beverage retailer license, unless the licenses are intended for use by the same licensee and licenses issued are for the same licensed premise (or legal description) or there is provided the following:
(1) Licensed premise separation. Each licensed premises shall be separated from each other by a wall extended from the floor to the underside of the ceiling above, except there may exist openings, inaccessible to the public, with dimensions no greater than 48 inches in width and 80 inches tall to connect no more than three licensed premises. There may also exist an opening within a refrigerated unit to allow refrigerated air to flow between no more than three licensed premises so long as alcohol cannot pass between the licensed premises. The portion of the wall located in the public areas of the licensed premise shall contain no openings except for the necessary penetrations of electrical, plumbing, or heating, ventilating, and air-conditioning equipment between the three licensed premises.
(2) Access. Each licensed premise shall be entered and exited directly from the exterior of the building; except that a building containing multitenant licensed premises may have entrances and exits into a common area so long as it is not part of the licensed premise.
(3) Visual separation. There shall be no visual connection in any publicly accessible area between the separate licensed premises.
(b) Notwithstanding § 111.021(a)(1), if the number of wine and malt beverage premises sharing connections for employees and refrigerated air exceed section § 111.021(a)(1), and were approved prior to the effective date of this chapter, the licensed premises may continue to operate with the number of licensed premises at the effective date of this chapter. Those licenses in operation prior to the effective date of this ordinance at the existing premises as set forth in this subsection may be transferred to a new licensee who operates at the same, existing premises.
(1992 Code, § 5-8) (Ord. 38-88, passed 5-23-1988; Ord. 60-90, passed 6-25-1990; Ord. 41-91, passed 5-13-1991; Ord. 15-01, passed 2-12-2001; Ord. 68-09, passed 7-13-2009; Ord. 60-16, passed 5-17-2016; Ord. 85-19, passed 8-20-2019; Ord. 101-19, passed 10-15-2019; Ord. 135-22, passed 11-15-2022)
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