M-4 ALCOHOL AND VICE

M-4-1 HOURS OF SALE

A. On-Off Sale.  No On-Off Sale licensee shall sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of 2 a.m. and 7 a.m., Mountain Time.

Source:  Ord 893, 934, 1020

Authority: SDCL 9-29-7, 35-4-81

B. Off-Sale Package. No off-sale licensee may sell, or allow to be sold, alcoholic beverages between the hours of 2 a.m. and 7 a.m., Central Time.

Source:  Ord 893, 934, 1020

Authority: SDCL 9-29-7, 35-4-2.1, 35-4-81

 

M-4-2 ALLOWING MINOR TO ENTER OR REMAIN IN PREMISES

No on-sale alcoholic beverage retail licensee shall permit any person less than twenty-one (21) years old to enter or occupy the licensed premises, unless said person is in the company of his parent, legal guardian, or spouse over twenty-one (21) years of age while on the premises. Under no circumstances may any person less than twenty-one (21) years of age loiter on the licensed premises.

Convictions under the foregoing must be reported to the South Dakota Department of Revenue within ten (10) days unless falsified identification was used to gain entry.

Source:

Authority: SDCL 9-29-7, 35-4-79

M-4-3 BEER/ALCOHOLIC BEVERAGE LICENSEE RESPONSIBILITY

The licensee of an alcoholic beverage or beer retail establishment shall be liable as a principal for any act of an employee or apparent agent in violation of any provision of this chapter, or for failure to control the sale or dispensation of beer or alcoholic beverages effectively in accordance with this chapter. This shall not preclude prosecution of the employee or agent, however, nor require the prosecution of more than one individual.

Where the license is held in a corporate name, the president or chief executive officer shall be responsible for compliance with this chapter.

Source:

Authority: SDCL 9-29-7

M-4-4 OPEN CONTAINER

Except as provided by SDCL 35-1-5.3, as amended, and except for beer in parks, ballfields, and fishing areas, it shall be unlawful for any person to have in his possession, in any public place, or in any vacant building within the City, any unsealed or open can, bottle, glass, pitcher, container, or package of any kind containing an alcoholic beverage.

A special permit upon approval of the City Council may be issued to any person who is twenty-one (21) years or older, representing a family or civic/community organization to allow the consumption of alcoholic beverages or mixing of such beverages on publicly owned or non-profit corporation owned property for a period of not more than twenty-four (24) hours. The consumption of such beverages must be kept within the confines of the legal description of the property stated on the permit.

Source:

Authority: 9-29-7, 35-1-5.3

M-4-5 INTOXICATION IN PUBLIC PLACE

It is unlawful to appear in a place which is open to public travel or which is publicly owned while under the influence of alcohol or controlled substances to an extent which poses a threat to the safety of any person or causes acute embarrassment, fear of injury, or impedes or hinders the use of such place by others lawfully present.

Source:

Authority: SDCL 9-29-3

M-4-6 SLEEPING OR RESTING IN PUBLIC PLACE

It is unlawful to recline, rest, or sleep in a place which is publicly owned, except for designated camping or recreation areas.

Source:

Authority: SDCL 9-29-3

M-4-7 MAINTAINING PREMISES WHERE UNLAWFUL ACTS SOLICITED OR OCCUR

No person shall knowingly keep, maintain or lease any premises or property that is used for solicitation or performance of unlawful acts.

Source:

Authority: SDCL 9-29-4

M-4-8 PROSTITUTION PROHIBITED

It is unlawful for any person to offer, solicit, or perform sexual intercourse in return for money or anything of value. It is unlawful to accept or participate in such activity in any manner whatsoever.

Source:

Authority: SDCL 9-29-1, 9-29-4

M-4-9 INDECENT EXPOSURE

It is unlawful to reveal or display human genitals, or representations or facsimiles thereof, or to permit the show or display thereof in any place open to the public.

Source:

Authority: SDCL 9-29-1, 22-24-1

M-4-10 PENALTY

Any person in violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this code or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3

M-4-11 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstances shall not be affected thereby.