Municipal operation of on-sale or off-sale licenses revised.
ENTITLED, An Act to
revise certain provisions concerning municipal operating agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
No retailer license under this chapter, except for licenses issued pursuant to
subdivisions 35-4-2(16) and (17), other than to the municipality, may be granted to operate in any
municipality which has obtained a license under this chapter except that:
If a municipality has been issued an off-sale license only, then the governing board may
approve or disapprove applications for on-sale licenses as may be provided in
Title 35; and
If a municipality has been issued an on-sale and off-sale license, then the governing
board may by resolution
enter into an operating agreement with any person
who is not
the holder of any license under this title
for the specific purpose of operating the on-sale
the off-sale establishment, or both for the municipality.
Signed February 20, 2007