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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)
It is unlawful for any person or persons to sell, serve, or otherwise distribute alcoholic beverages on public property without first having applied for and having received a permit issued by the city. The application shall include the exact location of the premises, the area of the premises, and how access to the area will be controlled. The area of the Community Center to which alcoholic beverages may be distributed must be at least ten feet from the front entrance to the Grand Hall and at least 65 feet from the stage area. It may also be distributed from the serving window of the kitchen. If a permit has not been approved and/or received for selling, serving, or otherwise distributing of alcoholic beverages, a fine of $250 shall be applied.
(Prior Code, § 5.08.100) (Ord. 95-5, passed - -; Ord. 09-10, passed 9-3-2009) Penalty, see § 112.99
A beer garden permit shall be issued for a specified area only. Any owner of a current alcoholic beverage license may apply for a “no fee” beer garden permit. Said permit shall be applied for and approved at a regular meeting. If the licensee requests a special meeting to approve a permit. This permit shall be renewed annually with the renewal of their alcohol license. This permit shall be approved by the City Council only. It can also be refused for any just cause by the City Council. Once the permit has been issued, the Council has the authority to dissolve the permit before the expiration date if they so choose without giving any advance notice.
(Prior Code, § 5.08.110) (Ord. 08-11, passed - -; Ord. 11-4, passed 5-5-2011; Ord. 18-06, passed 6-1-2018)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) A violation of § 112.03(A) or (B) will be a Class 2 misdemeanor.
(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)