75th Legislative Session -- 2000
Committee: House Local Government
Thursday, February 3, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Chicoine
P
Crisp
P
Engbrecht
P
Fryslie
P
Hagen
P
Lintz
P
Monroe
P
Solum
P
Waltman
P
Weber
P
Young
P
Munson (Donald), Vice-Chair
P
Duniphan, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Duniphan
MOTION:
TO APPROVE THE MINUTES OF February 1,2000
Moved by:
Representative Engbrecht
Second by:
Representative Hagen
Action:
Prevailed by voice vote.
MOTION:
IMMEDIATELY RECONSIDER HB 1134
Moved by:
Representative Chicoine
Second by:
Representative Waltman
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Chicoine, Crisp, Engbrecht, Fryslie, Hagen, Monroe, Solum, Waltman, Young,
Munson (Donald), Duniphan
Voting no:
Lintz, Weber
MOTION:
AMEND HB 1134
1134ra
On page
1
,
delete lines
4
to
16 of the printed bill
, inclusive
,
and insert:
"
Section 1. A county may issue on-sale licenses pursuant to subdivision 35-4-2(6) to be operated
only within an improvement district, created pursuant to chapter 7-25A, within the county. The
number of licenses issued in the improvement district may not exceed three for the first one thousand
of population and may not exceed one for each additional fifteen hundred of population or fraction
thereof, including any licenses issued in the improvement district prior to July 1, 2000.
"
On page
2
,
delete lines
1
to
6
, inclusive
.
On page
2
,
line
15
,
after "
.
"
insert "
However, any license issued in an improvement district prior
to July 1, 2000, shall be included when calculating the total number of licenses that may be issued
by the county where the improvement district is located.
"
.
Moved by:
Representative Chicoine
Second by:
Representative Engbrecht
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1134 AS AMENDED
Moved by:
Representative Chicoine
Second by:
Representative Waltman
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Chicoine, Crisp, Engbrecht, Fryslie, Hagen, Monroe, Solum, Waltman, Young,
Munson (Donald), Duniphan
Voting no:
Lintz, Weber
MOTION:
TO AMEND TITLE OF HB 1134
1134ota
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
revise certain
provisions regarding the issuance of on-sale alcoholic beverage licenses within improvement
districts.
"
.
On page
1
,
delete line
2
.
Moved by:
Representative Chicoine
Second by:
Representative Crisp
Action:
Prevailed by voice vote.
HB 1237:
authorize additional licenses to sell alcoholic beverages in certain
convention facilities in certain municipalities.
Presented by:
Representative Derby
Proponents:
Michael DeMersseman, Deadwood Convention Com. (Handout #1)
Paul Bradsky, BY Ser. Inc. Rapid City
Kevin Johnson, Comfort Inn, Mitchell
Jim Wilson, Director of Historic Preservation, Deadwood
Larry Mann, Chamber of Commerce, Deadwood
Tom Nelson, Deadwood Chamber
Lorin Pankratz, Economic Development Corp.
Joe Peterson, Economic Development Corp..
Ms. L. LaLonde, Saloon #10, Deadwood
Opponents:
Tim Dougherty, SD Liquor Dealers
Bill Walsh, Franklin Hotel
MOTION:
AMEND HB 1237
1237ob
On page
1
,
line
7 of the printed bill
,
delete "
seven
"
and insert "
twelve
"
.
On page
1
,
line
10
,
delete "
sixty-five
"
and insert "
fifty
"
.
On page
1
,
line
12
,
after "
persons.
"
insert "
In a locally designated historical district, in a
municipality that is authorized to conduct gaming by chapter 42-7B, any license created by this
section shall be available to buildings subject to rehabilitation and restored according to the U.S.
Department of the Interior standards for historic preservation projects codified in 36 C.F.R. 67 as
of January 1, 1994. Such a rehabilitation project shall have at least thirty rooms that are suitable
lodging accommodations.
"
.
Moved by:
Representative Crisp
Second by:
Representative Young
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1237 AS AMENDED
Moved by:
Representative Munson (Donald)
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Chicoine, Crisp, Monroe, Solum, Waltman, Young, Munson (Donald), Duniphan
Voting no:
Engbrecht, Fryslie, Hagen, Lintz, Weber
HB 1191:
revise the number of temporary on-sale licenses that may be issued by
municipalities.
Presented by:
Representative Earley (handout #2)
Proponents:
Steve Willard, SD Municipal League
Tamara Baker, Sioux Falls
Matt Swalley, Ogden Ent.
Opponents:
Leonard Johnson, SD Innkeepers Assoc.
Tim Dougherty, SD Liquor Dealers.
MOTION:
AMEND HB 1191
1191fb
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
35-4-14.2
be amended to read as follows:
35-4-14.2.
There may be issued in any
Any
municipality
one on-sale license to be operated at
a
may issue to a licensee licensed within the municipality pursuant to subdivision 35-4-2(4), a
temporary license to sell and dispense alcoholic beverages at:
(1) A
convention hall established pursuant to chapter 9-52 or 9-53
;
(2) A sporting event held at a publicly owned sports arena or facility that seats a minimum
of one thousand persons;
(3) A public assembly where people will gather, provided that such assembly is located at a
facility owned by a governmental entity or by a nonprofit organization recognized as
exempt under sections 501(c)(3), 501(c)(7), 501(c)(8), 501(c)(9), or 501(c)(19) of the
United States Internal Revenue Code as amended, and in effect on January 1, 2000; or
(4) A facility owned or operated by a governmental subdivision of the State of South Dakota
.
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
one calendar day
and
such
the
license shall expire at twelve o'clock midnight
on
the fifth
such
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.
Section 2. A temporary license issued pursuant to section 1 of this Act shall be issued to the
licensee and location specified in the application. The application fee shall be established by the
municipality. Notwithstanding
§
35-5-21.1, the fee provided for in this section shall be retained by
the municipality issuing the temporary license.
Section 3. A municipality may adopt reasonable rules and regulations limiting the number of
temporary licenses that may be issued and the events, locations, and conditions under which
alcoholic beverages may be sold or dispensed. A municipality may issue a temporary permit with
such restrictions and limitations as it deems necessary to provide for public safety and ensure
compliance with all laws and regulations governing the sale of alcoholic beverages.
Section 4. All alcoholic beverages shall be dispensed and sold by the licensee or regular
employees of the licensee. A licensee's retail license may be revoked or suspended in accordance
with
§
35-2-10 upon proof of violation by the licensee, the licensee's agents or employees while
operating under the authority of a temporary license of any conditions or limitations of the temporary
license, any provision of Title 35, any rule or regulation adopted by the Secretary, or any ordinance
or regulation of the municipality issuing the temporary license.
"
Moved by:
Representative Crisp
Second by:
Representative Young
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1191 AS AMENDED
Moved by:
Representative Solum
Second by:
Representative Young
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1191 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Weber
Second by:
Representative Lintz
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Chicoine, Crisp, Engbrecht, Fryslie, Hagen, Lintz, Waltman, Weber
Voting no:
Solum, Young, Munson (Donald), Duniphan
Excused:
Monroe
MOTION:
ADJOURN
Moved by:
Representative Crisp
Second by:
Representative Young
Action:
Prevailed by voice vote.
Lois Henry
_________________________________
Committee Secretary