1176H 98th Legislative Session 1176
AMENDMENT 1176H
FOR THE SENATE LOCAL
GOVERNMENT ENGROSSED BILL
Introduced by: Representative Jamison
An Act to revise 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 may by
resolution,
without an election but subject to referendum,
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.
Section 2. That chapter 42-7A be amended with a NEW SECTION:
No video lottery machines may be placed in a facility with an on-sale license issued pursuant to section 1 of this Act.
Underscores indicate new language.
Overstrikes
indicate deleted language.