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GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Any distilled spirits, wine, and malt beverage, as defined herein.
BAR. Any permanently-installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages.
BULK CONTAINER. Any package or any container, within which container are one or more packages.
FULL-SERVICE RESTAURANT. Any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or foodstuffs such as sandwiches, hamburgers, or salads is not a FULL-SERVICE RESTAURANT.
MALT BEVERAGE. A beverage made by the alcoholic fermentation of an infusion or decoction or combination of both in potable brewing water of malted barley with hops or their parts or their products and with or without other malted cereals and with or without the addition of unmalted or prepared cereals, other carbohydrates, or products prepared therefrom and with or without the addition of carbon dioxide and with or without other wholesome products suitable for human consumption containing not less 0.5% by alcohol weight.
OFF-SALE. The sale of any alcoholic beverage for consumption off the premises where sold.
ON-SALE. The sale of any alcoholic beverage for consumption only upon the premises where sold.
ON-SALE DEALER. Any person who sells or keeps for sale any alcoholic beverage for consumption on the premises where sold.
PACKAGE. The bottle or immediate container of any alcoholic beverage.
PACKAGE DEALER. Any person other than a distiller, manufacturer, or wholesaler who sells or keeps for sale any alcoholic beverage for consumption off the premises where sold.
RESTAURANT. Any area in a building maintained, advertised, and held out to the public as a place where individually-priced meals are prepared and served primarily for consumption in such area and where at least 60% of the gross revenue of the RESTAURANT is derived from the sale of food and nonalcoholic beverages. The RESTAURANT shall have a dining room or rooms, a kitchen, and the number and kinds of employees necessary for the preparing, cooking, and serving of meals.
RETAIL LICENSE. An on- or off-sale license issued under the provisions of this chapter.
RETAILER or RETAIL DEALER. Any person who sells alcohol for other than resale.
SALE. The transfer, for a consideration, of title to any alcoholic beverage.
WINE. Any liquid either commonly used or reasonably adapted to use for beverage purposes and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not more than 24% of alcohol by weight.
(Prior Code, § 5.08.010) (Ord. 01-16, passed - -)
(A) Ages for selling and/or serving on-sale malt beverage and liquor shall be pursuant to SDCL § 35-4-79.
(B) Ages for selling off-sale malt beverage and package liquor shall be pursuant to SDCL §§ 35-4-79 and 35-4-79.4.
(Prior Code, § 5.08.055) (Ord. 16-03, passed 5-4-2016; Ord. 18-06, passed 6-1-2018)
Statutory reference:
Related provisions, see SDCL §§ 35-4-79 and 35-4-79.4
(A) Off-sale dealers. All holders of off-sale licenses under this chapter shall be prohibited from each of the following acts.
(1) No off-sale licensee shall sell or make any delivery of alcoholic beverages outside of the premises described in his or her license.
(2) An off-sale licensee shall be allowed to sell alcoholic beverages seven days a week and 365 days a year except between the hours of 2:00 a.m. and 7:00 a.m.
(3) No off-sale dealer shall sell any alcoholic beverage to any person under the age of 21 years.
(4) No off-sale dealer shall sell any alcoholic beverage to any person who is intoxicated at the time or who is known to the seller to be a habitual drunkard.
(Prior Code, § 5.08.060)
(B) On-sale dealers. All holders of on-sale licenses under this chapter shall be prohibited from each of the following acts.
(1) No on-sale dealer may sell, serve, or allow to be consumed any alcoholic beverages except on the premises authorized by his or her license.
(2) An on-sale licensee shall be allowed to sell alcoholic beverages seven days a week and 365 days a year except between the hours of 2:00 a.m. and 7:00 a.m.
(3) No off-sale dealer shall sell any alcoholic beverage to any person under the age of 21 years.
(4) No on-sale dealer shall sell any alcoholic beverage to any person who is intoxicated at the time or who is known to the seller to be a habitual drunkard.
(Prior Code, § 5.08.070)
(C) Prohibited public conduct. No person shall, within the limits of the city, engage in any of the following acts.
(1) No person shall buy from any on-sale dealer or licensee any intoxicating liquor in a package, whether sealed or unsealed or whether partially or completely full.
(2) No person shall engage in the sale of any alcoholic beverage who has not first obtained a license as required under this chapter.
(3) No person shall use or consume alcoholic beverage in any public place or upon any street, alley, sidewalk, or upon private property without the permission of the owner thereof except upon premises licensed for the sale of alcoholic beverages.
(4) No person shall have an unsealed package containing any alcoholic beverage in his or her possession in any public place or upon any street, alley, or sidewalk; provided, however, an on-sale dealer or licensee may have on his or her premises unsealed packages with the required stamps affixed thereto.
(5) No person shall become intoxicated in any public place.
(Prior Code, § 5.08.080)
(Ord. 10-17, passed 12-30-2010; Ord. 16-03, passed 5-4-2016; Ord. 18-06, passed 6-1-2018) Penalty, see § 112.99
LICENSES AND PERMITS
No person, unless he or she has first obtained a license as provided by this chapter, shall transact the business authorized by this chapter to be conducted by such licensee.
(Prior Code, § 5.08.020) Penalty, see § 112.99
The city shall offer the following licenses that are provided in SDCL Chapter 35-4, and the fees shall be set as follows and may be changed by resolution:
(A) Package (off-sale liquor) license:
(1) Initial fee for this license shall be set by the City Council but may not be less than $500; and
(2) Renewal fee for this license is $500 per year.
(B) Retail (on-off) sale malt beverage and state farm wine license:
(1) Initial fee for this license is $300; and
(2) Renewal fee for this license is $300 per year.
(C) Retail (on-off) sale wine and cider license:
(1) Initial fee for this license is $500; and
(2) Renewal fee for this license is $500 per year.
(D) Retail (on-sale) liquor license:
(1) Initial fee for this license is $1,400; and
(2) Renewal fee for this license is $1,400 per year.
(E) Retail (on-sale) full-service restaurant license:
(1) Fee shall be set by the City 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;
(2) Renewal fee for this license is $300 per year;
(3) Applicants shall provide documentation to the Finance Officer that the applicant meets all requirements of state law;
(4) 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; and
(5) 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.
(F) Any business that holds a liquor license issued by the city will be required to carry $1,000,000 liability insurance.
(Prior Code, § 5.08.040) (Ord. 18-06, passed 6-1-2018; Ord. 20-02, passed 5-21-2020; Ord. 22-04, passed 11-3-2022)
Statutory reference:
Related provisions, see SDCL Chapter 35-4
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