(A) South Dakota Codified Laws § 35-2-1.2 requires the City Council to determine whether retail alcohol beverage license applications propose suitable locations before issuing or renewing said licenses. This determination is required annually for each license the applicant seeks. The following are nonexclusive criteria established to assist in determining suitable location status:
(1) Identification of a garbage hauler to be utilized by the business and the frequency of the garbage pickup;
(2) Zoning restrictions, and
(3) Neighborhood characteristics.
(B) In determining suitable location, the City Council will also utilize factors developed through South Dakota case law. This includes the manner in which the business is operated; the extent to which minors frequent or are employed in such place of business; the adequacy of police facilities to properly police the proposed location, and other factors associated with the sale of alcoholic beverages, such as noise and litter.
(Ord. 1181, passed 2-19-2008) Penalty, see § 10.99