HomeMy WebLinkAboutOrdinance 19-2000 •
ORDINANCE NO. 19-00
AN ORDINANCE AMENDING ORDINANCE SECTION 5-21 AND PERTAINING
TO TEMPORARY ON-SALE ALCOHOLIC BEVERAGE LICENSE FOR USE AT THE
CONVENTION HALL 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:
I.
Ordinance Section 5-21 is amended as follows:
Sec. 5-21. Temporary on-sale license for use at Convention Hall.
(a) There may be issued by the City, pursuant to SDCL 35-4-14.2, a temporary
on-sale alcoholic beverage license, to be operated and used at the Convention Hall, which
said license shall not he issued for a period exceeding five (5) consecutive days and shall
expire at 12:00 o'clock midnight on the fifth(5th) day after issuance.
(b) The use of said temporary on-sale alcoholic beverage license shall be pursuant to
a lease agreement by the applicant with the City. Applications for the use of said on-sale
alcoholic beverage license shall be submitted to the City Clerk on a completed
application form as provided by the City Clerk. The application shall specify the number
of days, not to exceed five(5) days, and the dates upon which said license is to be
utilized. All persons interested in entering into a lease for the use of the Convention Hall
under this Ordinance for the temporary use of said on-sale license must agree to associate
with a party to an existing municipal operating agreement in accordance with rules
established by the City, and the party holding an operating agreement for a municipal on-
sale alcoholic beverage license shall be the Applicant. The fee for the use of said
temporary license shall be the sum of fifty ($50.00) dollars for the first day and
twenty-five ($25.00) dollars for each day thereafter.
(c) Any person or persons seeking a temporary on-sale alcoholic beverage license
shall provide security for crowd control as required by the city. Additionally, they shall
be responsible for any damage or injury to any persons or property, including, but not
limited to,the Convention Hall premises. They shall further provide a sufficient number
of staff and doormen. The applicant shall also provide proof of insurance in such form
and amounts as the city commission shall require from time to time.
(d) No public hearing on the issuance of the Convention Hall on-sale alcoholic
beverage license is required. The issuance of the Convention Hall on-sale alcoholic
beverage license is at the discretion of the City Manager.
(e) The National Guard Armory, the Brookings Area Multiplex and any other public
convention center or hall designated by resolution of the City are each hereby designated
as a Convention Hall of the City. The use of each public convention hall shall be
governed by any lease, rules or regulations pertaining thereto.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: June 26, 2000
SECOND READING: July 10, 2000
PUBLISHED: July 14, 2000
CITY OF BROOKINGS, SOUTH DAKOTA
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- Steven J. Britzman
Attorney at Law
319 Fifth Avenue Telephone (605)697-9058
Brookings, South Dakota 57006 Facsimile(605)697-9060
Memorandum
To:Michael Williams and Shari Dunn
From: Steven J. Britzman, City Attorney
Date: June 21, 2000
Re: Ordinance amending Temporary on-sale license at Convention Hall
Attached is Ordinance Amending Section 5-21 which substantially changes section
(b) to conform to SDCL 35-4-14.2 (set forth below) and also revising section (d) to
remove the public hearing and vest discretion for issuance with the city manager.
35-4-14.2. *Temporary on-sale license for convention hall.
There may be issued in any municipality one on-sale license to be operated at a convention
hall established pursuant to chapter 9-52 or 9-53. Such license shall be issued without regard to
the population limitations established pursuant to §35-4-11.Any license issued pursuant to this
section shall be issued for a period not to exceed five consecutive days and such license shall
expire at twelve o'clock midnight on the fifth day after issuance.No license may be issued,
pursuant to the provisions of this section, in a municipality which operates a license pursuant to
§35-4-14.1.No public hearing is required for the issuance of a license pursuant to this
section if the individual applying for such license holds an on-sale alcoholic beverage license
in such municipality or holds an operating agreement for a municipal on-sale alcoholic
beverage license.No person who holds an operating agreement for a municipal license pursuant
to §35-4-14.1 may receive a license pursuant to this section. (emphasis added)