The URL can be used to link to this page

Home My WebLink AboutOrdinance 10-1991 � ,� .�= ,,.,M . Y , . . ORDINANCE NO. 10-91 AN ORDINANCE RESTRICTING THE NUMBER OF KEGS THAT MAY BE POSSESSED IN THE CITY OF BROOKINGS AND REQUIRING A PERMIT TO PURCHASE MULTIPLE KEGS OF MALT BEVERAGES WITHIN A CERTAIN TIME PERIOD IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AS FOLLOWS, TO-WIT: Section 1. Definitions. For the purpose of this section the following definitions shall apply: "Apartment" . A building containing three or more separate dwelling units. "Duplex" . A building containing two separate dwelling units. "Dwelling Unit" . One (1) or more rooms which are used or intended for use as living quarters for one or more persons. For purposes of this ordinance, a "Boardinghouse" is considered one dwelling unit. "Fraternity, Sorority" . A building that is intended, or designed to be occupied as a residence for a group of more than five (5) members and having a charter granted by the State of South Dakota. "Keg" . Containers designed for and capable of holding fifteen (15) or more gallons of malt beverages containing not less than one-half of one percent of alcohol by weight. "Malt Beverage" . A beverage made by the alcoholic fermentation of an effusion or decoction, or the combination of both, in , potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human consumption containing not less than one-half of one percent of alcohol by weight. "Yard" . The space on a lot extending along a lot line between such "lot line" and the dwelling unit occupying such lot. Section 2. Possession of Req Restricted. a. No more than one (1) keg may be possessed by any person in the city. No more than one keg may be possessed within the premises of any dwelling unit and yard, sorority, fraternity or boardinghouse. . ,,y �. �� ' .� T , � . 1 ... ' • � , , ' b. No more than one (1) keg may be possessed in each dwelling unit located in an apartment or duplex. c. No more than one (1) keg may be possessed in any hallway or common area of any apartment or duplex. d. In the event a keg is possessed within a dwelling unit, then no keg shall be possessed upon any yard adjacent and adjoining thereto. Section 3. Bo Permit rectuired for �urchase or �ossesaion of one kec�. No permit is required to purchase or possess one keg, provided that no more than one keg shall be possessed at any time by any person in the city and no more than one keg may be possessed within any dwelling unit and yard, sorority, fraternity, hallway or common area of any apartment or boardinghouse. The sale of all kegs shall be registered in a manner consistent with State law. Section 4. Permit Required for Purchase o! I+initi�le Reas. a. A permit is required to purchase two (2) or more kegs in the city within any twenty-four (24) hour period. A permit is valid for purchases of more than one keg during any twenty-four (24) hour period. • b. No more than one (1) keg may be possessed at any time. c. No more than three (3) kegs may be purchased by any person within any twenty-four hour period. d. No more than three (3) kegs may be purchased by any person for possession at any one lacation within any twenty-four (24) hour period. e. No more than one (1) permit shall be issued for any address for any twenty-four (24) hour period. f. No person may possess more than one (1) permit. g. No more than one keq shall be purchased for any address during any twenty-four (24) hour period without a permit. Section 5. Reaistration. The Municipal Liquor Store or any other keg seller shall register all keg sales in a manner consistent with State law. Falsification of any of said information by the purchases of a keq shall constitute a violation of this ordinance. Section 6. �ipplication !or Bermit. a. Any person desiring to obtain a permit to purchase multiple `, kegs shall prepare an application at the City Finance Office or at the Municipal Liquor Store setting forth the applicant's full name, address and telephone number, Driver's License Number, and address within the City of Brookings where the applicant will be possessing the keq. • b. In addition, the applicant shall be required to provide ' proof of identity and age in the form of a valid South Dakota Driver's License or identification card, or valid driver's license from another jurisdiction. c. Each application shall be effective for one (1) twenty-four (24) hour time period; said time period shall commence at the time the Application form is completed and filed with the City Finance Office or Municipal Liquor Store. d. Falsifying any information requested on the permit application shall constitute a violation of this ordinance. e. The owner and its manager, landlord or agent of the property where the kegs will be located shall be notified of the contents of the application following completion of the application. Section 7. Persons ineligible for Permit. No person shall be issued a keg permit if that person has been convicted of Disturbing the Peace under Section 25-26 of Ordinance No. 715 of the Revised Ordinances of the City of Brookings, within one (1) year prior to the date of the application for the keg permit. section 8. Exceptions. No permit is required to purchase or possess one (1) keg in any twenty-four hour period in the City, provided no more than one keg is purchased during any twenty-four hour period. Establishments licensed to sell malt beverages or alcoholic beverages, whether on-sale or off-sale, any purchase or possess more than one (1) keg and are specifically exempted from the provisions of this ordinance. Section 9. Revocation of Permit. Any permit to purchase multiple kegs may be revoked following determination by a police officer of a noise or other violation of the ordinances and laws of the City and state which occurs at the address where the keg is located. Section 10. Zoninq Classifications. For purposes of this ordinance, Brookings Zoning Ordinance classifications pertaining to any address in the city shall determine whether a particular address is a dwelling unit, boardinghouse, apartment, duplex, fraternity or sorority. . � . .� � � ' " Section 11. Penalties. Any violation of this Ordinance shall be punishable by a fine of not more than One Hundred ($100. 00) Dollars. FIRST READING: March 26, 1991 SECOND READING: April 9, 1991 PUBLISHED: Apri1 12, _1991 �yO f BROO�,� C OF BROOKINGS � .��N �� O� n P. Ju , Ma or � MAR.9 � A ��T:1883 ;�o r o �,f oQ C ' - � , Theo. C. Kryger, ficer