Ordinance 631

PENNINGTON COUNTY ORDINANCE NO. 631 - An ordinance allowing the issuance of special alcoholic beverage licenses within Pennington County as authorized in Title 35 of the South Dakota Codified Law. 

Section 1.  Special on-sale malt beverage retailers license.

  1. A special on-sale malt beverage retailers license allows the licensee to sell malt beverages, as that term is defined in SDCL 35-1-1, to persons for consumption at the place and during the time period specified on the license.

  2. A special on-sale malt beverage retailers license may be issued to:

    1. A civic, charitable, educational, fraternal, or veterans organization; or

    2. Any person licensed pursuant to SDCL 35-4-2(4), SDCL 35-4-2(6), or SDCL 35-4-2(16).

  3. The fee for a special on-sale malt beverage retailers license is $100, plus advertising costs, plus $50 per day.

  4. A special on-sale malt beverage retailers license may only be issued in conjunction with a special event in Pennington County.

  5. A special on-sale malt beverage retailers license may be issued for up to fifteen consecutive days.

  6. A person may be issued a maximum of two special on-sale malt beverage retailers licenses in the calendar year.

Section 2.  Special off-sale malt beverage retailers license.

  1. A special off-sale package malt beverage retailers license allows the licensee to sell malt beverages, as that term is defined in SDCL 35-1-1, at the place and during the time period specified on the license, for off-premise consumption.

  2. A special off-sale package malt beverage retailers license may be issued to:

    1. A civic, charitable, educational, fraternal, or veterans organization; or

    2. Any person licensed pursuant to SDCL 35-4-2(4), SDCL 35-4-2(6), or SDCL 35-4-2(16).

  3. The fee for a special off-sale package malt beverage retailers license is $100, plus advertising costs, plus $50 per day.

  4. A special off-sale malt beverage retailers license may only be issued in conjunction with a special event in Pennington County.

  5. A special off-sale package malt beverage retailers license may be issued for up to fifteen consecutive days.

  6. A person may be issued a maximum of two special off-sale package malt beverage retailers licenses in the calendar year.

 

Section 3. Special on-sale wine retailers license. 

  1. A special on-sale wine retailers license allows the licensee to serve wine, as that term is defined in SDCL 35-1-1, on the premises and during the time period specified in the license, for on-premise consumption.
  2. A special on-sale wine retailers license may be issued to:
    1. A civic, charitable, educational, fraternal, or veterans organization; or

    2. Any person licensed pursuant to SDCL 35-4-2(4), SDCL 35-4-2(6), or SDCL 35-4-2(12), or SDCL 35-12.

  3. The fee for a special on-sale wine retailers license is $100, plus advertising costs, plus $50 per day.
  4. A special on-sale wine retailers license may only be issued in conjunction with a special event in Pennington County.
  5. A special off-sale package malt beverage retailers license may be issued for up to fifteen consecutive days.
  6. A person may be issued a maximum of two special on-sale wine retailers licenses in the calendar year.


Section 4.  Special on-sale license.

  1. A special on-sale license allows the licensee to serve alcoholic beverages, as that term is defined in SDCL 35-1-1, on the premises and during the time period specified in the license, for on-premise consumption.
  2. A special on-sale license may be issued to:
    1. A civic, charitable, educational, fraternal, or veterans organization; or

    2. Any person licensed pursuant to SDCL 35-4-2(4) or SDCL 35-4-2(6).

  3. The fee for a special on-sale license is $100, plus advertising costs, plus $50 per day.
  4. A special on-sale license may only be issued in conjunction with a special event in Pennington County.
  5. A special on-sale license may be issued for up to fifteen consecutive days.
  6. A person may be issued a maximum of two special on-sale licenses in the calendar year.

Section 5.  Special off-sale package wine dealers license.

  1. A special off-sale package wine dealers license allows the licensee to serve wine, as that term is defined in SDCL 35-1-1, on the premises and during the time period specified in the license, for off-premise consumption.
  2. A special off-sale package wine dealers license may be issued to:
    1. A civic, charitable, educational, fraternal, or veterans organization; or

    2. Any person licensed pursuant to SDCL 35-4-2(3), SDCL 35-4-2(5), or SDCL 35-4-2(12), SDCL 35-4-2(17A), SDCL 35-4-2(19), or SDCL 35-12.

  3. The fee for a special off-sale package wine dealers license is $100, plus advertising costs, plus $50 per day.
  4. A special off-sale package wine dealers license may only be issued in conjunction with a special event in Pennington County.
  5. A special off-sale package wine dealers license may be issued for up to fifteen consecutive days.
  6. A person may be issued a maximum of two special off-sale package wine dealers licenses in the calendar year.

 

Section 6.  Application.

  1. A person applying for any special alcoholic beverage license under this Ordinance shall apply using a form supplied by the Pennington County Auditor.

  2. This application, along with any supporting documentation required by the Auditor and the fees established in this Ordinance, must be returned to the Pennington County Auditor at least six weeks before the first day the applicant wishes to use the special alcoholic beverage license.

  3. After receiving an application in the proper form, the Auditor shall circulate copies of the application to the Sheriff and Planning Director for review.

 

Section 7.  Hearing.

  1. The Pennington County Board of Commissioners shall hold a hearing on the special alcoholic beverage license. At least ten days before the hearing, the Auditor shall publish notice of the hearing in the official newspapers of Pennington County.

  2. If the Commissioners determine that the applicant and premises qualify for the license, that the sale of alcoholic beverages proposed by the applicant would not endanger public health or safety, and that issuance of the license would not be unduly detrimental to surrounding properties, then the Commissioners may issue the applicant a special alcoholic beverage license.

  3. A special alcoholic beverage license may not be issued under the following circumstances:

    1. The applicant, or the applicant’s employees, have been convicted of violating state or local laws regulating the sale of alcoholic beverages within the past one year.

    2. The applicant may not have been convicted of a felony.

    3. The premises described in the application are currently in violation of local zoning ordinances.

  4. Property taxes on the premises described in the application are delinquent.

  5. Nothing in this Ordinance shall be construed to grant any applicant a right to a special alcoholic beverage license, or to require the Pennington County Board of Commissioners to issue any special alcoholic beverage license if they determine that the proposed sale of alcoholic beverages is, for any reason, not in the public interest.

  6. If the Pennington County Board of Commissioners denies the application for a special alcoholic beverage license, the Auditor shall refund any fees paid by the applicant, less advertising costs.

 

Section 8.  Additional requirements.

  1. If the applicant is granted a special alcoholic beverages license, the Chairman of the Pennington County Board of Commissioners shall sign the license. The original license shall be filed with the Auditor, who shall provide one copy to the applicant and one copy to the Sheriff.

  2. Any person granted a license under this Ordinance must comply with all federal, state, and local laws governing the sale of alcoholic beverages.

  3. A person licensed under this Ordinance may not sell alcoholic beverages between the hours of 2 a.m. and 7 a.m.

  4. A person licensed under this Ordinance may not permit any person to become intoxicated on the premises described in the license.

  5. A special alcoholic beverage license may be issued for any day of the week, including Sunday and Memorial Day. However, no special alcoholic beverage license may be issued for Christmas Day.

 

Section 9.  Violations.


Pursuant to SDCL 7-18A-2, a violation of this Ordinance may be punished by a fine not to exceed $500 or by imprisonment not to exceed 30 days or by both a fine and imprisonment, in addition to any applicable state or federal penalties.

Approved this 21st day of February, 2012

PENNINGTON COUNTY COMMISSION

Lyndell Petersen, Chairman

First Reading: February 7, 2012
Second Reading: February 21, 2012
Date Published: March 7, 2012
Date Effective: April 3, 2012