|
CHAPTER 6
Article 1 – Alcoholic
Beverages
Section
6.1.01
Construction and Definition of Terms For the
purposes of this Article, all of the terms used herein are defined as they are
defined in SDCL Title 35.
Section
6.1.02
Required License No person
shall engage in business as a distiller, wholesaler, package dealer, a club,
dining car company, a transportation company, or solicitor of intoxicating
liquor until he shall have procured a license covering the class of business
operation to be engaged in by him within the City, except as provided by law.
Section
6.1.03
Number of Licenses There shall
be issued within the municipality not to exceed eight (8) on-sale and five (5) off-sale licenses. All club licenses shall be counted as on-sale licenses for
purpose of limitation of the number of licenses.
Section
6.1.04
Classifications and Fees The following
classifications and fees are established for on and off-sale dealers in
distilled spirits, wines, and malt beverages other than low point beer: A.
The on-sale yearly license fee for private club and public facilities
shall be eight hundred (800) dollars;
B.
The off-sale yearly license fee for the sale of alcoholic beverages,
other than malt beverages, shall be four hundred (400) dollars; and
C.
An additional fee of two hundred (200) dollars shall be charged to each
licensee granted a licensee to sell alcoholic beverages on Sunday.
Section
6.1.05
Location of Applicant's Business No Class D,
E, or F license, as defined by law, shall be approved by the Council for the
issuance of a license where the applicant's place of business is within one
hundred (100) yards, measured by the regular and usual path of travel, of any
door or exit of any now existing school or church.
Section
6.1.06
License Removal No licenses
under any class shall remove from one location to another within the corporate
limits of the City in which the license was originally issued without permission
of the Council.
Section
6.1.07
Refilling Container It shall be
unlawful, within the City, to refill any container of intoxicating liquor.
Section
6.1.08
Empty Bottles or Containers No person
shall be permitted, within the City, to buy or sell any empty bottles or
containers of intoxicating liquor.
Section
6.1.09
No Deliveries of Liquor No package
dealer as defined by law shall be permitted, within the City, to make any
deliveries of intoxicating liquor outside of his place of business.
Section
6.1.10
Possession in a Public Place No person
shall be permitted to have an unsealed original package in his possession in a
public place within the City. Provided,
however, that this shall not apply to an on sale dealer who shall have unsealed
packages with proper stamps on his premises from which to serve his customers;
and provided, further, that for the purpose of this provision a hospital or
sanitarium shall not be considered to be a public place and patients in said
hospital or sanitarium may have unsealed original packages.
No person
shall have in his possession in the City any intoxicating liquor on which the
tax has not been paid nor without having the same in a container upon which the
stamps evidencing the payment of the tax as hereinbefore provided are securely
affixed. This Section shall not
apply to intoxicating liquor in the possession of a Class A or Class B License,
or to intoxicating liquor which has been sold by a Class A Licensee for export
in interstate commerce outside of this state and which intoxicating liquor is in
the course of transit out of this state.
No licensee
of any class within the City shall sell any intoxicating liquor outside of the
hours in which his license permits him to sell.
Section
6.1.13
Selling Liquor on Sundays The Council
may at its discretion provide in any on-sale liquor establishment the right to
sell, serve, or allow to be consumed alcoholic beverages between the hours of
one o'clock P.M. and twelve Midnight on Sunday with the serving of food where
said licensee has facilities for the serving of prepared meals from a fixed
restaurant with the simultaneous seating capacity of at least thirty-five (35)
patrons.
Section
6.1.14
Serving Liquor Outside of Establishment No on-sale
dealer shall be permitted to serve within the City any intoxicating liquor
outside of the building for which his license was issued; provided that the view
through the windows of the building where said business is carried on shall be
completely unobstructed either by curtains, advertising, window glazing or other
obstructions whatsoever and provided further that no liquor shall be served in
any booth wherein all the occupants are not within full view of every other
occupant in the room and observable from any and all points in the said room.
A.
A beer garden is defined for purposes of this Article as an area adjacent
to an establishment which has been issued an on-sale beer or liquor license
where patrons of said establishment may consume alcoholic beverages sold by the
establishment in an area outside of the establishment but adjacent thereto.
B.
Any on-sale liquor or beer licensee may operate a beer garden so long as
the beer garden is adjacent and connecting to the licensed establishment and the
only entry into the beer garden is from an entry way into the licensed
establishment. Any beer garden
shall have a fence at least six (6) feet high around the beer garden constructed
in such a way that no person may crawl through or under said fence.
Further, if there are any outside bands, jukeboxes, or loud speakers in a
beer garden the same shall cease playing or operating at 1:00 a.m.
C.
The fence to be constructed around the beer garden as set out above,
shall, in all respects comply with the Zoning Ordinance (Appendix C) and any
ordinances amendatory thereto insofar as the location of said fences in regards
to the proximity of streets, alleys, and property lines or boundaries.
D.
Any on-sale liquor or beer establishment who operates a beer garden shall
have located within said establishment a telephone that will accept outgoing
calls.
E.
Any licensee operating a beer garden shall abide by all rules and
regulations as set out by state or local statutes involving the sale of said
alcoholic beverages.
F.
The only alcoholic beverages to be consumed within the premises defined
as a beer garden shall be those alcoholic beverages sold by the licensed
establishment operating the beer garden.
G.
This Article does not apply to those establishments which request
permission to operate a beer garden on one particular time a year.
Section 6.1.16 Public Nudity Prohibited (B) It shall be unlawful for any person on premises licensed for the sale of alcoholic beverages, while in the presence of any other person, to appear in a state of nudity as defined herein. (C) It shall be unlawful for a licensee in alcoholic beverages, its manager or agent to authorize, permit, or suffer any person on the licensed premises to violate the provisions of subsection (B) of this ordinance. D) For purposes of this ordinance, the following definitions shall apply: (1) State of Nudity means the showing of the human male or female genitals or pubic area with less than fully opaque covering, the showing of the female breast with less than a fully opaque covering on any part of the areola and nipple, or the showing of covered male genitals in a discernibly turgid state. (E) There shall be no physical contact, such as kissing, fondling, or embracing between employees or performers and patrons for gratuity, pay or other remuneration, direct or indirect, or in conjunction with or as part of any performance or entertainment in premises licensed by the governing body of the City for consumption of liquor, including beer, on such premises. (F) (1) Any person upon whom a duty is placed by the provisions of this ordinance, who shall fail, neglect, or refuse to perform such duty, or who shall knowingly violate any provision hereof, shall be deemed guilty of a class 2 misdemeanor. Each day that a violation of this chapter continues shall constitute a separate and distinct offense and shall be punishable as such. (2) The violation of any of the provisions of this ordinance in connection with the operation of the licensed business by the licensee or by any employees or agents of the licensee, shall be sufficient to cause the revocation or suspension of the license of such licensee by the City Council. Such revocation or suspension shall be cumulative with the addition to any penalty or fine imposed by the ordinance of the City of Winner. (G) Any employee and/or independent contractor of a business licensed for the sale of alcohol shall be at least twenty-one (21) years of age and shall possess proper identification and proof of age and shall display said identification to appropriate officials upon request .
Section
6.1.17
Age to Enter onto Premises No on-sale
licensee of any class within the City shall permit any person under the age of
twenty-one (21) years within said licensee's building or premises except where
said person under the age of twenty-one (21) years is in the company of his
parent or guardian.
Section
6.1.18
Intoxicated Person Entering Premises No licensee
of any class within the City shall permit any intoxicated person to enter his
premises or to become intoxicated thereon or therein.
Section
6.1.19
Original Packages No person
within the City shall buy from any on-sale dealer any intoxicating liquor in any
original package whether the said original package be sealed or unsealed, or
whether said original package be full or partially full.
That no
package or off-sale licensee within the City shall sell or allow to be sold
alcoholic beverages between the hours of twelve o'clock midnight and seven
o'clock a.m.
Section
6.1.21
Sunday Off-Sale Pursuant to
the authority granted by SDCL 35-4-81.1, the City hereby permits the sale of
alcoholic beverages by off-sale licensees on Sundays. No sales of alcoholic beverages by off-sale licensees may be
made on Sundays between the hours of 12:00 o'clock midnight and 7:00 o'clock
a.m. of the following day.
No on-sale
licensee within the City shall sell, serve, or allow to be consumed on the
premises covered by the license, alcoholic beverages between the hours of two
o'clock A.M. and seven o'clock A.M. or on Sunday after two o'clock A.M., or on
Memorial Day after one o'clock A.M. or at any time on Christmas Day.
The Sunday exclusion contained above shall not apply to those licensee's
who shall obtain a license for the sale of alcoholic beverages on Sunday as
provided in Section 6.1.13 of this Ordinance.
It shall be unlawful for any licensee, employee, agent, or servant of an
on-sale liquor establishment whose principle business is the sale of alcoholic
beverages to allow any patron or customer to remain on the premises after the
above designated closing time.
Section
6.1.23 Central Standard Time and Central Standard Daylight Savings All times for
opening and closing hours prescribed in Sections 6.1.13, 6.1.15, 6.1.20, 6.1.21,
and 6.1.22 shall be Central Standard Time or Central Standard Daylight Savings
time when such time is in effect in the local community of Winner.
Section
6.1.24
Unsealed Container 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. This Section
shall not apply: A.
In or upon described property which is publicly owned, or owned by a
non-profit corporation, when the governing body of this municipality has
authorized by permit, pursuant to SDCL 35-1-5.3, persons to consume or blend
alcoholic beverages, but not to engage in the sale thereof, for a period not to
exceed twenty-four (24) hours.
B.
In or upon described property which is publicly owned, or owned by a
non-profit corporation, when the governing body of this municipality has
authorized by permit, pursuant to SDCL 35-4-11.4, a special malt beverage
retailers license to any civil, charitable, educational, or fraternal
organization in conjunction with a special event within the municipality.
Section
6.1.25
Possession of Open Bottle or Can It shall be
unlawful for any person to consume or have in his possession an opened bottle or
can of alcoholic liquor, as defined in SDCL 35-1-9.1 through 35-1-9.3, upon any
public street or alley either within or without a motor vehicle within the City
Limits or upon any public right-of-way or highway within one (1) mile of the
City Limits.
Any person
violating any of the provisions of this Article shall be guilty of a Class II
Misdemeanor and shall be fined
pursuant to Section 14.01.
THIS
PAGE LEFT INTENTIONALLY BLANK LICENSES AND PERMITS Article 2 – Pawn Dealers Section
6.2.01
Required License, Fee, and Term of License A.
It shall be unlawful for any person to engage in the business of
pawnbroker or secondhand dealer, without first obtaining a license from the City
finance office. The application for
such license shall contain all pertinent information required by the City
Finance Office and provisions of Winner City Ordinances relating to licensure.
Any person applying for a pawnbroker's license or a secondhand dealer's
license, must, before their application will be considered, come to the Winner
Police Department and furnish adequate identification.
No license under this Article shall be issued to any person who has been
convicted of a felony; no license under this Article shall be issued to any
corporation, one or more officers or directors of which have been convicted of a
felony. B.
The annual license fee for a pawnbroker's license shall be one hundred
(100) dollars, payable in advance. C.
The annual license fee for secondhand dealers shall be twenty-five (25)
dollars, payable in advance. D.
Any person having a business which encompasses more than one of the two
(2) designated categories set forth in this Article, and all businesses being
conducted on one premises, shall obtain all appropriate licenses, but the total
fee for licenses for the single premises shall not exceed one hundred (100)
dollars. E.
The term of the license shall be one (1) year.
No person
shall engage in business as a pawnbroker or secondhand dealer unless said person
has a fixed premise where said business is conducted, either on a continuing
basis or from time to time, and unless said person has first obtained a license
to engage in that business as that premises. For the
purposes of this Section, "fixed premises" shall include any
non-mobile premises where such business is conducted and said pawned or
purchased secondhand articles are held according to the provisions of Section
6.2.11, whether or not that premises remains in the same location during the
period the license is in effect.
Each
pawnbroker doing business in the City shall furnish a good sufficient bond, with
a surety to be approved by the Council; in the sum of one thousand (1,000)
dollars, conditioned for faithful observance of this Article and conditioned for
the safekeeping or return of all articles held in pledge of such pawnbroker.
Section
6.2.04
Suspension or Revocation of License A.
A license issued to a licensee under this Article, who shall have
violated the provisions of this Article, may be suspended for a prescribed
period not to exceed sixty (60) days, in the event of a failure on the part of
the licensee to comply with the provisions of this Article after ten (10) days
written notice and a public hearing. B.
A license issued to a licensee under this Article, who shall have
violated the provisions of this Article, may be revoked by the Council after ten
(10) days written notice and a public hearing.
Section
6.2.05
Separate License and Bond Any person
conducting several or separate places of business shall pay the appropriate
license fees and procure the appropriate licenses and bond for each place of
business. The above-mentioned
proprietor's license shall be sufficient for all clerks, agents, and employees
engaged at the place named in the license.
Section
6.2.06
Change in Location of Licensed Premises If, during
the effective period of a license issued under this Article a pawnbroker or
secondhand dealer changes the location of the licensed premises within the City,
such dealer shall inform the City finance office of such change of location and
shall have the new premises to be licensed noted on the license.
There shall be no additional fee charged for changing the location of the
licensed premises.
Section
6.2.07
Records Required A.
Every pawnbroker shall keep books or records of pawn tickets in a manner
satisfactory to the chief of police, where he shall accurately and intelligibly
enter, in ink, in the English language, at the time of purchasing or receiving
any personal property, and after requiring and observing identification from the
person seeking to pawn the property, a record of the following information:
1.
The name of the person from whom the property is purchased or received,
his place of residence, and his date of birth. 2.
A detailed and accurate description of each article, which shall include,
if available, the manufacture's name, style model number, serial number,
engraved initials, or other identifying marks. 3.
The date and time of transaction. 4.
The amount necessary for redemption. 5.
The date when the article is to be redeemed. 6.
Any mortgage or bill of sale taken, or receipt of pawn ticket given.
B.
Every pawnbroker shall also record the date of disposition or redemption
from pawn of said article or any part or portion thereof.
Said disposition report shall be located in the same book and at the same
place where the receiving records of said article are located.
C.
Every secondhand goods dealer shall keep books or records for those
articles defined herein in a manner satisfactory to the chief of police or his
designee. The dealer shall
accurately and intelligently enter, in ink, in the English language, at the time
of purchasing or receiving any article or item, the following information.
1.
The name of the person from whom the property was purchased or received,
his place of residence, and his date of birth. 2.
Date and time of the transaction. 3.
A detailed description of the item which shall include, if available, the
manufacturer's name, style model number, serial number, engraved initials, or
other identifying marks. 4.
If the seller is not known personally to the dealer or the dealer's
agent, the dealer is required to obtain the person's drivers license number and
the state of issuance or, if available the identifying number from at least one
form of government issued identification. 5.
The amount paid for the article.
D.
Any person who fails to keep such records or fails to make the required
entries therein, or shall intentionally or knowingly make any false or
unintelligible entry, or any entry which he has reason to believe is untrue, or
who shall fail to make the inquiries necessary to enable him to make such
entries or any of them, or who shall fail to produce his records when requested
by a City police officer during reasonable business hours, or who shall destroy
or willfully permit such records to be destroyed or lost, shall be guilty of a
Class II Misdemeanor and fined pursuant to Section 14.01.
E.
The records required by this Section shall be maintained for one (1) year
after the date of purchase or receipt and shall be made available for inspection
to City police officers during reasonable business hours.
Section
6.2.08
Inspection of Records or License A. The books or records required by Section 6.2.07 to be kept by pawnbrok |
