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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)
All video lottery placement(s) lottery applications requests, as provided in SDCL 42-7A-64, must be submitted to the city on forms prescribed by the city and contain all the information required by the city to determine the eligibility of the applicant, along with a nonrefundable application fee in the amount of $100.
(a) A video lottery placement(s) lottery application requires:
(1) The legal name of the prospective applicant.
(2) The business address and legal description of the prospective establishment requesting a video lottery placement.
(3) A floor plan of the applicant's proposed premises.
(4) The nonrefundable application fee payable to city of Sioux Falls.
(b) The city shall reject a video lottery placement(s) lottery application if:
(1) The application is incomplete or insufficient regarding the information required pursuant to this chapter.
(2) The video lottery placement(s) lottery applicant fails to meet any of the timelines pursuant to this chapter.
(c) Only one video lottery placement(s) lottery application per business address will be accepted.
(Ord. 134-22, passed 11-15-2022)
(a) Upon one or more video lottery placement(s) becoming available, the city shall publish an invitation for video lottery placement(s) lottery applications on the city's website stating the deadline to apply and the location(s) to which applications are to be submitted. There shall be no less than 30 days between the city's invitation to apply and the opening of the video lottery placement(s) lottery application window. No video lottery placement(s) lottery application will be accepted prior to the publication of the invitation nor after the deadline established in the published invitation.
(b) Video lottery placement(s) lottery applications must be complete and include the nonrefundable video lottery placement(s) lottery fee. Once the deadline has passed, the city will utilize a lottery system to place all video lottery placement(s) lottery applications into the sequential order in which they will be considered for submission of a uniform video lottery placement(s) lottery application. Prior to conducting the lottery, notice of the lottery shall be posted on the city's website a minimum of seven days in advance of the lottery being conducted and such lottery shall be open to the public.
(c) Applicants drawn by lottery and eligible to continue on with the process will be notified by email that they have 30 days to submit a conditional use permit application, if required. The conditional use permit process must be concluded within 60 days of the email notification unless extended by the planning commission or city council. Upon receiving the conditional use permit, the applicant must submit the uniform alcoholic beverage application and license fee to the city within ten business days. If no conditional use permit is required, the applicant must submit the uniform alcoholic beverage application and license fee to the city within 60 days of the email notification. If applicant fails to meet any of the deadlines established in this section, the applicant shall be ineligible to continue on in the application process, and the next video lottery placement(s) lottery application, in sequential order as drawn in the lottery, shall be considered for submission of a uniform alcoholic beverage application.
(d) After all new video lottery placement(s) have been awarded and approved by the city council, the time period for executing these special procedures shall be closed. Any remaining video lottery placement(s) lottery applications shall be deemed ineligible for further consideration. A new video lottery placement(s) lottery application will be required when another video lottery placement(s) becomes available and lottery held in accordance with § 111.031.
(Ord. 134-22, passed 11-15-2022)