(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)