1176C 98th Legislative Session 1176

2023 South Dakota Legislature

House Bill 1176

AMENDMENT 1176C FOR THE INTRODUCED BILL

Introduced by: Representative Jamison

This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.

An Act to provide for a unified liquor license for municipal facilitiesrevise certain provisions regarding on-sale alcoholic beverage licenses for use at municipality-owned facilities.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 35-4-14.1 be AMENDED:

35-4-14.1. Notwithstanding the provisions of § 35-4-11, any municipality, by resolution, without election, but subject to referendum, may by resolution issue an on-sale license pursuant to subdivision 35-4-2(4) to a for use at any municipality-owned entertainment venue, event venue, event center, arena, performance hall, theater, outdoor amphitheater, convention center, stadium, athletic venue, recreation facility, municipal auditorium operated pursuant to chapter 9-52, or to a public convention hall operated pursuant to chapter 9-53 for use during a convention activity or an entertainment event, including any theatrical or musical performance, rodeo, sporting event, or show. The selling, serving, or dispensing of any alcoholic beverage at the municipal auditorium may not occur more than one hour before the commencement of the event or at any time after the event is concluded. An on-sale license issued pursuant to this section must be used to support the primary public purpose of the municipality-owned facility during the hours the municipality-owned facility is open for its primary purpose. A license issued pursuant to this section must not be used at any municipality-owned facility for the primary purpose of only providing food and beverage services to the public. There is no fee for a license under this section. The governing body of any municipality that has obtained an on-sale license pursuant to this section may contract with any person or entity for purposes of providing food and beverage services at the municipality-owned facility and the use of any license issued pursuant to this section. A license issued pursuant to this section may not be transferred.

Underscores indicate new language.

Overstrikes indicate deleted language.