(A) Each license application shall be accompanied by the required fee at the time of submission to the city.
(B) Special licenses issued pursuant to division (D)(7) below may be issued for a period of time established by the Common Council not exceeding 15 consecutive days.
(C) No person or entity may be issued more than 20 special licenses per calendar year.
(D) The following retail licenses and fees are established for any person or entity desiring to sell, produce, transport or store any alcoholic beverages in the city.
(1) Package (off-sale liquor) license.
(a) The initial fee for this license shall be set by the Common Council but may not be less than $500.
(b) The renewal fee for this license is $500 per year.
(2) Retail (on-off) sale malt beverage and state farm wine license. The initial fee and renewal fee for this license is $300 per year.
(3) Retail (on-off) sale malt beverage license. The initial fee and renewal fee for this license is $300 per year.
(4) Retail (on-off) sale wine license. The initial fee for this license is $500 per year.
(5) Retail (on-sale) liquor license.
(a) The fee for this license shall be set by the Common Council but may not be less than $1 for each person residing within the city as measured by the last preceding federal census.
(b) The renewal fee for this license is $1,500 per year.
(6) Retail (on-sale) full-service restaurant license.
(a) The fee for this license shall be set by the Common Council by resolution and may not be less than $1 for each person residing within the city as measured by the last preceding federal census.
(b) The renewal fee for this license is $1,500 per year.
(c) An applicant for this license shall provide documentation to the Finance Officer that the applicant meets all requirements of state law.
(d) In its initial application, an applicant for this license must provide documentation to the Finance Officer to provide that the primary source of revenue of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverage. This supporting documentation is confidential.
(e) Before this license will be renewed, the licensee must submit a report to the Finance Officer verifying under oath that at least 60% of gross operating revenue generated over the preceding 12-month period was derived from the sale of food and nonalcoholic beverages. The report shall contain the annual gross revenue of food and nonalcoholic beverages and total gross revenues. This report will be confidential.
(7) Special alcoholic beverage retail licenses.
(a) Special alcoholic beverage licensees may not permit the consumption or sale of alcoholic beverages outside the licensed premises unless issued a permit pursuant to § 115.12(B).
(b) The following special alcoholic beverage retail licenses are established:
1. Special malt beverage retailers license:
a. May be issued to any civic, charitable, educational, fraternal or veterans organization in conjunction with a special event within the city;
b. May be issued to any licensee licensed pursuant to divisions (D)(2), (D)(5), (D)(6) above, or SDCL § 35-4-2(6), in conjunction with a special event within the city; and
c. The fee for each special malt beverage retailers license is $50 per day.
2. Special on-sale wine retailers license:
a. May be issued to any civic, charitable, educational, fraternal or veterans organization in conjunction with a special event within the city;
b. May be issued to any licensee licensed pursuant to divisions (D)(2), (D)(5) or (D)(6) above in conjunction with a special event within the city; and
c. The fee for each special wine retailer’s license is $50 per day.
3. Special on-sale liquor license:
a. May be issued to any civic, charitable, educational, fraternal or veterans organization in conjunction with a special event within the city;
b. May be issued to any licensee licensed pursuant to divisions (D)(4) or (D)(5) above in conjunction with a special event within the city; and
c. The fee for each special on-sale liquor license is $100 per day.
4. Special off-sale package state farm wine dealers license:
a. May be issued to any civic, charitable, educational, fraternal or veterans organization in conjunction with a special event within the city;
b. May be issued to any licensee licensed pursuant to divisions (D)(1), (D)(4) or (D)(6) above in conjunction with a special event within the city;
c. A special off-sale package state farm wine dealers licensee may only sell wine manufactured by a farm winery that is licensed pursuant to SDCL Ch. 35-12; and
d. The fee for each special off-sale package state farm wine dealers license is $50 per day.
5. Special off-sale package wine dealers license:
a. May be issued to any civic, charitable, educational, fraternal or veterans organization in conjunction with a special event within the city where alcoholic beverages donated by members of the public where the donor purchased the same from a licensed state retailer will be sold at a special event; and
b. The fee for each special off-sale package wine dealer’s license is $5 per day.
(Prior Code, § 4-8) (Ord. 1035, passed 9-5-2006; Ord. 1096, passed 7-6-2009; Ord. 1124, passed 9-20-2010; Ord. 1138, passed 8-25-2011; Ord. 1157, passed 7-2-2012; Ord. 1192, passed 6-16-2014; Ord. 1215, passed 8-3-2015; Ord. 1283, passed 8-6-2018)
Statutory reference:
Applications submitted to local governing board; fee; approval or disapproval, see SDCL § 35-2-1.2
City may permit consumption of alcoholic beverages on property owned by public or nonprofit corporation, see SDCL § 35-1-5.3
Classes of licenses enumerated; fees, see SDCL § 35-4-2
Hours of sale, see SDCL §§ 35-4-81 and 35-4-81.2
Special alcoholic beverage licenses issued in conjunction with special events, see SDCL §§ 35-4-124 and 35-4-125