HomeMy WebLinkAboutOrdinance 05-2011Ordinance No. 05 -1 1
An Ordinance Amending Section 6 -6 of the Code of Ordinances
of the City of Brookings, South Dakota and pertaining to Video Lottery Machine
Placement in the City of Brookings, South Dakota.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
Sec. 6 -6. Authorizations for video lottery machine placement.
(a) After the effective date of this Ordinance, not more than one authorization for a video
lottery machine placement for establishments issued an alcoholic beverage license
pursuant to subdivisions 35 -4 -2(12) and SDCL 35 -4 -2(16) who apply for video lottery
establishment authorization will be granted for each 2,206 persons, or a fraction thereof,
of the population of the city as determined each August 1 by the city planning
department. No establishment authorized for a video lottery machine placement may be
denied authorization in subsequent years solely by reason of any limitations of the
number of authorizations under the provisions of this section.The quota and the criteria
and requirements set forth in this section do not apply to any type of alcoholic beverage
licensee other than wine and malt beverage retailers.
(b) New video lottery sites shall be selected according to the following criteria and which
satisfy the requirements set forth in subsection (b)(3) of this section:
(1) The proximity of the proposed new video lottery site to other establishments which
have been licensed as video lottery establishments.
(2) The type of business the applicant proposes for the proposed new video lottery site and
the manner in which the applicant proposes to operate it.
(3) Consistent with state law, video lottery establishments shall be a bar, restaurant or
lounge which is primarily maintained and operated for the selling and consumption of
alcoholic beverages and food on the premises. In order to ensure that only bars,
restaurants and lounges are authorized as video lottery establishments, proposed new
video lottery establishments must derive 75 percent or more of their gross business
income, excluding video lottery income, from the sale of beverages, room rentals and
food which is prepared and consumed on the premises. Any applicant for authorization
as a video lottery establishment shall certify that the applicant complies with this
subsection. The city may require the applicant to provide proof through business
records of compliance with this requirement. Bona fide chartered veterans' organiza-
tions, religious, charitable or fraternal organizations are excluded from the requirements
of this subsection (b)(3).
(4) The location of the proposed new video lottery site to other businesses, residential
areas, or activities within the same general area.
(5) The extent to which minors frequent a business connected to the proposed new video
lottery site.
(6) The effect the proposed new video lottery site has on economic development.
11.
All ordinances in conflict herewith are hereby repealed.
First Reading April 5, 2011
Second Reading and Adoption April 26, 201 I
Published April 29, 2011
Shari Thornes, City Clerk
CITY OF BROOKINGS
Tim Reed, Mayor