(A) It shall be unlawful for any person to possess an alcoholic beverage in an unsealed container or in an open receptacle either within or without a motor vehicle on any sidewalk, street, alley or highway within the city limits.
(B) This section shall not apply:
(1) In or upon described property which is publicly owned, or owned by a non-profit corporation, when the City Council has granted approval, pursuant to SDCL § 35-1-5.5, for persons to consume, blend or provide alcoholic beverages, but not to engage in the sale thereof, for a period not to exceed 24 hours, at an approved function. No such permit shall be issued to any private party. Only those applications submitted by a non-profit corporation will be considered;
(2) In or upon described property which is publicly owned, or owned by a non-profit corporation, when the City Council has issued a special alcoholic beverage license in conjunction with a special event within the city to any civic, charitable, educational, fraternal or veterans organization, pursuant to SDCL § 35-4-124, for such period of time as authorized by the City Council not to exceed 15 consecutive days;
(3) A license holder that is licensed to sell wine on-sale may permit a customer to carry out the portion of a bottle of wine, if the customer purchased the bottle of wine from the license holder and consumed a portion of it with a meal that was prepared and served by the license holder at a table on the licensed premises. The license holder shall securely reseal the bottle of wine with a cork or other similar cap and place the bottle in a sealed bag or other container. A bottle of wine that is recorked and sealed as provided in this subsection is not a violation of this section, so long as the cork and seal have not been disturbed; and
(4) A license holder that is licensed to sell wine on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed premises for consumption by the customer while eating a meal that was prepared by the license holder and that was served at a table on the licensed premises. The license holder may charge a corkage fee for serving wine supplied by the customer. Consumption of wine pursuant to this subsection is not a violation of this section. The customer may carry out the unconsumed portion of the bottle of wine if it is securely resealed by the license holder as provided in subsection (3) and such resealed bottle is not a violation of this section if the cork and seal have not been disturbed.
(Prior Code, § 6.01.24) (Ord. 316, passed - -; Ord. 493, passed - -; Ord. 597, passed - -; Ord. 731, passed - -; Ord. 865, passed - -; Ord. 952, passed 5-18-2020) Penalty, see § 110.99