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(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
Any business that applies and is approved for an RB license but does not serve food in the business as of June 1, 2018, will be restricted from the on-sale portion of the license. These businesses may, however, provide free samples as pursuant to SDCL § 35-4-10.2.
(Prior Code, § 5.08.050) (Ord. 14-08, passed 11-6-2014; Ord. 18-06, passed 6-1-2018)
Statutory reference:
Related provisions, see SDCL § 35-4-10.2
(A) A special liquor license issued for the sale of alcoholic beverages within the Community Center shall be issued only to a business that holds a liquor license issued by the city. A fee of $25 per event with an additional fee of $10 if serving after midnight. These fees may be amended by resolution.
(B) If the businesses holding a liquor license issued by the city are unable to accommodate the date chosen by the persons holding the special event, a business with a license issued from another city shall be allowed to apply for the special liquor license. This will be verified by the Finance Officer.
(C) A business outside the city will pay a fee of $100 per event with an additional fee of $25 if serving after midnight. These fees may be amended by resolution.
(D) Any business applying for the special liquor license will be required to carry $1,000,000 liability insurance.
(Prior Code, § 5.08.101) (Ord. 08-5, passed - -; Ord. 18-06, passed 6-1-2018)
The city may issue an open container permit for malt beverages to be served and consumed (but not sold) on city property. A certificate of liability insurance carrying no less than $1,000,000 from the person applying for the permit will be required before the permit is issued. The fee for the permit will be $5. This fee may be changed by resolution. This permit must be approved by the City Finance Officer and the Mayor or the Assistant Finance Officer, in absence of the Finance Officer, no less than 24 hours before the event. If a permit has not been approved and/or received, a fine of $250 shall be applied.
(Prior Code, § 5.08.105) (Ord. 09-10, passed 9-3-2009; Ord. 18-06, passed 6-1-2018)
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