Notwithstanding Sec. 4-12,
A. The Public Works Director may permit a licensee that has a sidewalk service permit pursuant to Section 14-141 to sell and allow to be consumed alcoholic beverages on a sidewalk or walkway subject to a public right-of-way abutting and immediately adjacent to a licensed premises.
1. A licensee that derives more than fifty percent (50%) of its gross receipts from the sale of prepared food for consumption on the licensed premises may serve and allow to be consumed alcoholic beverages on the sidewalk or walkway subject to a public right-of-way between the hours of 11:00 a.m. and 1:00 a.m. All other licensees may serve and allow to be consumed alcoholic beverages on the sidewalk or walkway subject to a public right-of-way between the hours of 11:00 a.m. and 11:00 p.m.
2. If a special event or open container permit is issued for an area that includes the licensed premises, the special event applicant may request priority use of the sidewalk and right-of-way adjacent to the licensed premises, and a licensee’s permit under this section may be suspended for the duration of the special event permit. The Common Council will determine the special event applicant’s exclusive or limited use of the sidewalk or right-of-way at the time the special event permit is considered. If the Common Council limits or restricts the use of the sidewalk or right-of-way during a special event, licensees will be notified by the city of the duration and frequency of the restricted or limited use of the sidewalk or right-of-way.
3. Notwithstanding any other remedy or penalty provided by state law, any licensee violating the provisions of this section (first offense) is guilty of a Class 2 misdemeanor and subject to a $300 fine. Any licensee violating the provisions of this section (second offense) is guilty of a Class 2 misdemeanor and subject to a $500 fine. Any licensee violating the provisions of this section (third offense) is guilty of a Class 2 misdemeanor, subject to a $500 fine, and shall have its permit revoked.
4. The fee for this permit is set by resolution.
This section does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid.
B. The city administrator may permit, subject to conditions or restrictions that it may deem appropriate, the consumption and sale of alcoholic beverages on publicly-owned property or property owned by a nonprofit corporation in conjunction with a special event where a special alcoholic beverage license has been issued pursuant to Sec. 4-8(D)(6).
1. Open container permit:
a. This permit may be issued to suspend the restrictions of Sec. 4-12(B) for a designated area.
b. The permit may not exceed twenty-four (24) hours.
c. The hours of authorized consumption may not exceed those permitted for on-sale licenses.
d. The consumption and possession of alcoholic beverages allowed under this subsection is strictly limited to those alcoholic beverages purchased from an on-sale licensee.
C. The city administrator may permit, subject to conditions or restrictions that it may deem appropriate, the consumption but not the sale of any alcoholic beverage on city-owned property.
1. Brown bag permit:
a. The fee for this permit is set by resolution.
b. This permit allows the applicant to provide alcoholic beverages free of charge while on property.
c. The hours of authorized consumption may not exceed those permitted for on-sale licenses.
d. The applicant must be at least twenty-one (21) years of age and provide an acceptable form of identification.
(Ord. No. 1035, 9-5-06; Ord. No. 1096, 7-6-09; Ord. No. 1108, 9-21-09; Ord. No. 1124, 9-20-10; Ord. No. 1138, 8-25-11; Ord. No. 1157, 7-2-12; Ord. No. 1215, 8-3-15; Ord. No. 1245, passed 11-21-16; Ord. No. 1263, passed 8-21-17; Ord. No. 1283, 8-6-18; Ord. No. 1330, 10-5-20)
State law references – City may permit consumption of alcoholic beverages on property owned by public or nonprofit corporation, SDCL § 35-1-5.3; sales or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance, SDCL § 35-4-77.1.