§ 111.019 PLACE OF BUSINESS OF LICENSEE.

   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)

§ 111.020 CLOSING OF PREMISES OF PUBLIC FACILITY ON-SALE AND MALT BEVERAGE RETAIL DEALERS.

   (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)

§ 111.021 RESTRICTIONS ON ISSUANCE OF WINE AND MALT BEVERAGE RETAILER LICENSES.

   (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)

§ 111.022 RESTRICTIONS ON ISSUANCE OF MALT BEVERAGE AND WINE LICENSES.

   Applicants meeting the requirements of licenses as allowed in SDCL 35-4-124 and § 95.029 of the Code of Ordinances of Sioux Falls, South Dakota may be issued a special malt beverage retailers license, special on-sale wine retailers license, special on-sale license and/or a special off-sale package wine dealers license if approved by the city council.

(1992 Code, § 5-8.1) (Ord. 42-03, passed 5-12-2003; Ord. 81-06, passed 7-10-2006; Ord. 106-08, passed 8-18-2008; Ord. 32-11, passed 5-16-2011; Ord. 53-18, passed 6-19-2018)

§ 111.023 CONSUMPTION ON PUBLIC STREETS OR ALLEYS.

   It shall be unlawful for any person to drink or consume or attempt to drink or consume any distilled spirits, wines and malt beverages, as defined by state laws, in or upon any public street, alley, highway or public sidewalk except upon the licensed premise of an on-sale licensee.

(1992 Code, § 5-9) (Ord. 18-88, passed 3-7-1988; Ord. 85-19, passed 8-20-2019) Penalty, see § 10.999

Cross-reference:

   Streets and sidewalks, see ch. 96

§ 111.024 PERSONS TO WHOM SALE PROHIBITED.

   No licensee of any class shall sell or give for use as a beverage any alcoholic beverage to any person under the age of 21 years, notwithstanding any of the provisions of state laws.

(1992 Code, § 5-10) (Ord. 18-88, passed 3-7-1988)

§ 111.025 MANAGEMENT PLAN REQUIRED FOR REAPPLICATION AFTER CONVICTION.

   Any licensee under this chapter, its agents or employees or the manager or contractual operators, or their agents or employees, of retail establishments licensed under this chapter, who in the course of the operation of the license, are convicted of a violation of any law, rule, regulation or ordinance relevant to alcoholic beverage control, shall upon reapplication for a license submit with the reapplication a management plan which sets forth the licensee’s policy for correcting any and all defects in its operation that contributed to the violation. The city council will review the adequacy of the plan as part of the renewal process. Failure to submit a plan or submission of an inadequate plan shall be considered by the city council in exercising its discretion to approve or disapprove the application pursuant to SDCL 35-2-1.2.

(1992 Code, § 5-11) (Ord. 39-98, passed 4-6-1998; Ord. 53-18, passed 6-19-2018)