(HB 1134)
Improvement districts, authority granted
to regulate alcoholic beverage licenses.
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.
Section
2.
That
§
35-4-11.1
be amended to read as follows:
35-4-11.1.
If not previously fixed by ordinance or continuing resolution, the board of county
commissioners shall on or before the first of September in each year determine the number of
on-sale licenses it will approve for the ensuing calendar year and the fees to be charged for the
various classifications of licenses. The number of licenses issued 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, the population to include only those residing within the county but
outside the incorporated municipalities
and improvement districts, created pursuant to chapter 7-
25A,
within the county.
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.
No licensee regularly licensed to do business on
July 1, 1981, may be denied reissuance of
his
a
license in subsequent years solely by reason of any
limitations, based upon population quotas, of the number of licenses authorized or established under
the provisions of this title. Licenses issued to concessionaires, and lessees of the State of South
Dakota, within the boundaries of state parks, prior to January 1, 1983, may be subtracted when
calculating the total number of licenses permitted in this section. The quotas established in this
section do not apply to licenses issued pursuant to subdivisions 35-4-2(16) and (17).
Signed February 28, 2000.