§ 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)

§ 111.026 PURCHASE AND USE BY PERSONS UNDER 21.

   No person under the age of 21 years shall purchase or attempt to purchase alcoholic beverages, nor shall any person under the age of 21 years drink any alcoholic beverage in a public place or have any alcoholic beverage in his or her possession in a public place.

(1992 Code, § 5-12) (Ord. 18-88, passed 3-7-1988) Penalty, see § 10.999

§ 111.027 [REPEALED.]

§ 111.028 INDECENT EXPOSURE OR SIMULATION THEREOF PROHIBITED.

   (a)   It is unlawful for any person on premises licensed for the sale of alcoholic beverages, while in the presence of any other person, to:

      (1)   Fail to conceal, with a fully opaque covering, the sexual parts of the person’s body, to include the genitals, pubic area and anus of any person, or the nipple and areola of the female breast; and

      (2)   Expose any device, costume or covering which gives the appearance of, or simulates, the genitals or pubic area of the male or female body, or the nipple or areola of the breast.

   (b)   It is unlawful for any licensee in alcoholic beverages to cause, allow or permit any person on the licensed premises to violate the provisions of division (a) above.

(1992 Code, § 5-15) (Ord. 18-88, passed 3-7-1988) Penalty, see § 10.999

§ 111.029 [REPEALED.]

§ 111.030 VIDEO LOTTERY MACHINE LICENSES.

   There is hereby imposed on any person who is licensed pursuant to SDCL 35-4 and who is issued a video lottery establishment license pursuant to SDCL 42-7A-41 an annual additional license fee for the privilege of locating video lottery machines on the licensed premises. The fee for each video lottery machine is $50 per year. This section shall be effective on January 1, 1993.

(1992 Code, § 5-17) (Ord. 48-92, passed 5-18-1992; Ord. 53-18, passed 6-19-2018)

§ 111.031 NUMBER OF VIDEO LOTTERY MACHINE PLACEMENTS AUTHORIZED.

   There shall be 186 authorizations for video lottery machines placement under SDCL 42-7A-64 available for the first 202,600 population. One authorization for video lottery machine placement as provided in SDCL 42-7A-64 may be granted for each additional 5,000 of population. For the purposes of this section, population is equal to the population estimates published by the United States Census Bureau for each even-numbered year, except for the decennial year. For a decennial year, population is equal to the amount determined by the decennial federal census.

(Ord. 134-22, passed 11-15-2022)