HomeMy WebLinkAboutOrdinance 05-2001 ORDINANCE NO. 05-01
AN ORDINANCE AMENDING ORDINANCE NO. 4-00 AND CONCERNING
THE NUMBER, CRITERIA FOR AUTHORIZATION AND PLACEMENT OF VIDEO
LOTTERY MACHINES IN THE CITY OF BROOKINGS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS:
I.
1. Not more than one (1)authorization for a video lottery machine placement as
provided in SDCL 42-7A-64 will be granted for each Eight Hundred Eighty(880) or fraction
thereof of the population of the City as determined each August 1st 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 as established in this section does
not limit other types of non-video lottery licenses issued pursuant to SDCL 35-4-2,however the
quota and the criteria and requirements set forth below do apply to any type of on-sale licensee
including those holding operating agreements, and on-sale malt and wine licensees who apply
for video lottery establishment authorization after the effective date of this Ordinance.
2. New video lottery sites shall be selected according to the following criteria and
which satisfy the requirements set forth in Section C below:
A. The proximity of the proposed new video lottery site to other establishments
which have been licensed as video lottery establishments;
B. 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;
C. 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 insure that only
bars,restaurants and lounges are authorized as video lottery establishments,proposed
new video lottery establishments must derive 75% 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 provision.
The City may require the Applicant to provide proof through business records of
compliance with this requirement. Bona fide chartered veterans organizations, religious,
charitable or fraternal organizations are excluded from the requirements of this Section C.
D. The location of the proposed new video lottery site to other businesses,
residential areas, or activities within the same general area;
E. The extent to which minors frequent a business connected to the proposed new
video lottery site;
F. The effect the proposed new video lottery site has on economic development.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: February 26, 2001
SECOND READING: March 12, 2001
PUBLISHED: March 16, 2001
CITY OF BROOKINGS
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