S-1 GENERAL LICENSING
The purpose of this chapter shall be to establish rules and regulations regarding the issuance, transfer, enforcement, and fees charged for the licensing of persons and businesses conducting business within the City of Fort Pierre.
Authority: SDCL 9-34-1
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular member include the plural number, and the word “shall” is always mandatory and not merely directory.
A. “Bar” any permanently installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages;
B. “Business” shall mean all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles, and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises in this City or anywhere else within its jurisdiction.
C. “City” shall mean the City of Fort Pierre, South Dakota.
D. “City Council” is the City Council of the City of Fort Pierre, South Dakota.
E. “City License Officer” shall mean the City Finance Officer or his designee or his designee of the City of Fort Pierre, South Dakota.
F. “Full-Service Restaurant” shall mean any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or food and victuals such as sandwiches, hamburgers, or salads is not a full-service restaurant.
G. “Insignia” shall mean any tag, plate, badge, emblem, sticker, or any other kind of device that may be required for any use in connection with any license.
H. “License” or “licensee,” as used generally herein, shall include respectively the words “permit” or “permittee” or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or other law or ordinance.
I. “Person” shall mean individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts, corporations, or any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law.
A. “Premises” shall mean all lands, structures, and places, the equipment and appurtenances connected or used therewith in any business, and any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
B. “Restaurant,” shall mean any area in a building maintained, advertised, and held out to the public as a place where individually priced meals are prepared and served primarily for consumption in such area and where not more than forty percent of the gross revenue of the restaurant is derived from the sale of alcohol or alcoholic beverages. The restaurant shall have a dining room or rooms, a kitchen, and the number and kinds of employees necessary for the preparing, cooking, and serving of meals.
Source: Ordinance No. 893
Authority: SDCL 9-34-1
S-1-2 APPLICATION OF REGULATIONS
A. Compliance required. It shall be unlawful for any person, either directly or indirectly, to conduct any business or non-profit enterprise, or to use in connection therewith any vehicle, premises, machine, or device, in whole or in part, for which a license or permit is required by any law or ordinance of this City, without a license or permit therefor being first procured and kept in effect at all such times as required by this chapter or other law or ordinance of this City.
Source: Ord 893
1. Only plumbing contractors who are first licensed by the City may do the work of plumbing within the City of Fort Pierre. Said contractor shall be responsible for each person or persons working under his supervision. The City Council is hereby authorized to examine such applicants upon proof that he is licensed by the State of South Dakota and issue a license to the same. The license shall be valid from the day of issuance thereof to the 31st day of December of the same calendar year.
Authority: SDCL 9-34-1, 9-34-12, 36-25-17
Cross Reference: SDCL ch. 36-25
2. All electrical contractors and Class B Electricians doing work within the City of Fort Pierre shall be licensed by the City of Fort Pierre and shall be responsible for each person or persons working under his supervision. The City Council is hereby authorized to examine such applications upon proof that he is licensed by the State of South Dakota and issue a license to the same. The license shall be valid from the day of issuance thereof to the 31st day of December of the same calendar year. Persons addressed in SDCL 36-16-16 are hereby exempt from this chapter.
Authority: SDCL 9-34-1, 9-34-12
Cross Reference: SDCL 36-16-16
3. No person, firm, partnership, or corporation shall collect, transport, or dispose of refuse for hire within the City of Fort Pierre without a license issued by the City Council and payment of fee as stated in S-1-5, subsection A-3. The license shall be valid from the day of issuance thereof to the 31st of December of the same calendar year.
Authority: SDCL 9-32-11, 9-34-1
Cross Reference: L-1-7, S-1-5.S(3)
4. Video lottery machine fee. There is hereby imposed on any person who is licensed pursuant subsection (4), (13) or (16) of SDCL 35-4-2 and who is issued a video lottery establishment license pursuant to SDCL 42-7A-41, a Fifty Dollar ($50) annual license fee for each video lottery machine licensed to the premises for the privilege of locating video lottery machines on the licensed premises. This fee is in addition to the fees imposed under SDCL 35-4-2 and SDCL 42-7A-41 and shall be paid at the same time and in the same manner as the fee imposed in SDCL 35-4-2. This fee shall apply to all 1993 licenses and each license year thereafter.
Authority: SDCL 9-34-1, 35-4-103
5. Transportation of Buildings. No person, firm, partnership or corporation shall transport any type of building for hire within the City of Fort Pierre without a license issued by the City of Fort Pierre after completion of an application and compliance with the following:
a. Payment of fee as stated in Chapter S-1-5, Section A-3.
b. If more than 500 in total square feet, provide proof of workmen’s compensation and employers liability insurance at statutory minimum limits and comprehensive general liability and comprehensive automobile liability insurance coverage with a minimum limit of $1,000,000 signed by an insurance carrier licensed to do business in the state of South Dakota. The designated path of travel of the building along with the date and time shall be approved by the Director of Public Works.
c. If more than 1,500 in total square feet in floor space, considering all floors, the mover shall provide and maintain a Performance Bond or Letter of Credit in favor of the City in the amount of Twenty-five Thousand Dollars and No/100 ($25,000.00) throughout the term of the license. The form of the performance bond or letter of credit shall be approved by the City prior to issuance of the license and said Letter of Credit shall provide that the City may draw upon it at any time as provided herein without approval of any other party.
The Performance Bond or Letter of Credit shall be drawn upon by the City when, in the discretion of the City, the Licensee has damaged public property of the City and fails to repair the damages or to compensate the City for any suffered damages within 10 days of notice.
6. Travel Parks. No person, firm, Partnership or corporation shall operate a Travel Park within the city of Fort Pierre or the Extra Territorial Limits of Fort Pierre without first completion of an application and compliance with Chapter Q-14. Upon determination the Applicant and the Travel Park are in full compliance with the Municipal Ordinances a License to operate a Travel Park shall be issued.
The license shall be valid from the day of issuance thereof to the 31st of December of the same calendar year.
Source: Ord 986
B. Special sales. This chapter shall apply to all business in the nature of special sales for which a license is required by any law or ordinance of this City. It shall be unlawful for any person, either directly or indirectly, to conduct any such sale except in conformity with the provisions of this chapter.
1. One act constitutes doing business. For the purpose of this chapter, any person shall be deemed to be in business or engaging in an enterprise, and thus subject to the requirements of subsections A and B of this section, when he does one act of:
a. Selling any goods or service.
b. Soliciting business or offering goods or services for sale or hire.
c. Acquiring or using any vehicle or any premises in the City for business purposes.
2. Agents responsible for obtaining license. The agents or other representatives of non-residents who are doing business in this City shall be personally responsible for the compliance of their principals and of the business they represent with this chapter.
3. Separate license for branch establishments. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business. Warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.
a. Rental real property. Each rental real property shall be deemed a branch establishment or separate place of business for the purposes of this chapter when there is a representative of the owner or the owner’s agent on the premises who is authorized to transact business for such owner or owner’s agent or there is a regular employee of the owner or of the owner’s agent working on the premises.
4. Joint license. A person engaged in two (2) or more businesses at the same location shall not be required to obtain separate licenses for conducting each of such businesses but, when eligible, shall be issued one (1) license which shall specify on its face all such businesses.
5. No license required for mere delivery. No license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this chapter.
6. Special permits to non-profit enterprise. The City Finance Officer or his designee or his designee shall issue special permits, without the payment of any license fees or other charges therefore, to any person or organization for the conduct or operation of a non-profit enterprise, either regularly or temporarily, when he finds that the applicant operates without private profit for a public, charitable, educational, literary, fraternal, or religious purpose.
a. Application for special permit. An applicant for a special permit shall submit an application therefore to the City, upon forms prescribed by the City, and shall furnish such additional information and make such affidavits as the City shall require.
b. Special permittees must conform. A person or organization operating under a special permit shall operate his non-profit enterprise in compliance with this chapter and all other applicable rules and regulations except as provided herein.
S-1-3 CITY LICENSE OFFICER
The City Finance Officer or his designee or his designee shall act as City License Officer.
A. Issue Licenses. The City Finance Officer or his designee or his designee shall collect all license fees and issue licenses in the name of the City to all persons qualified under the provisions of this chapter and shall:
1. Make rules. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this chapter.
2. Adopt forms. Adopt all forms and prescribe the information to be given therein as to character and other relevant matter for all necessary papers.
3. Require affidavits. Require applicants to submit all affidavits and oaths necessary to the administration of this chapter.
4. Obtain endorsement of majority of the Council. Submit all applications, except those listed below, to City officials for their endorsement thereon as to compliance by the applicant with all City regulations for which they have the duty of enforcing.
a. The City Finance Officer or his designee or his designee may grant a peddlers permit for the length of no longer than three (3) days after receiving proof of all state and local tax licenses.
b. The City Finance Officer or his designee or his designee may grant a fireworks permit for the length of no longer than seven (7) days.
Authority: SDCL 9-34-1, 9-34-8, 9-34-18
5. Examine records. Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this chapter.
6. Give notice. Notify any applicant of the acceptance or rejection of his application and, upon his refusal of any license or permit, at the applicant’s request, state in writing the reasons therefore and deliver them to the applicant.
B. Information confidential. The City Finance Officer or his designee or his designee shall keep all information furnished or secured under the authority of this chapter in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this chapter.
Authority: SDCL 9-34-1
S-1-4 QUALIFICATIONS OF APPLICANTS
General standards to be applied. The general standards herein set out relative to the qualifications of every applicant for a City license shall be considered and applied by the City Finance Officer or his designee or his designee. The applicant shall:
A. Be a citizen of the United States, or a declarant therefore as authorized by law.
B. Be of good moral character. In making such determination the City Finance Officer or his designee or his designee shall consider:
1. Penal history. All convictions, the reasons therefore, and the demeanor of the applicant subsequent to his release.
2. License history. The license history of the applicant; whether such person, in previously operating in this or another state under a license has had such license revoked or suspended, the reasons therefore, and the demeanor of the applicant subsequent to such action.
3. General personal history. Such other fact relevant to the general personal history of the applicant as he shall find necessary to a fair determination of the eligibility of the applicant.
C. Not be in default under the provisions of this chapter or indebted or obligated in any manner to the City except for current taxes.
D. Possess, or have pending, a valid State of South Dakota Sales and Use Tax License.
Source: Ord 839
Authority: SDCL 9-34-1
S-1-5 PROCEDURE FOR ISSUANCE OF LICENSES AND PERMITS, INCLUDING FEE SCHEDULE
A. Formal application required. Every person required to procure a license under the provisions of any ordinance or law of the City shall submit an application for such license to the City Finance Officer or his designee or his designee. The application shall:
1. Be a written statement upon forms provided by the City Finance Officer or his designee or his designee. Such form shall include an affidavit, to be sworn to by the applicant before a notary public of this state.
2. Require the disclosure of all information necessary to comply with S-1-4 above and of any other information which the City Finance Officer or his designee or his designee shall find to be reasonably necessary to the fair administration of this chapter.
3. Be accompanied by the full amount of the fees chargeable for such license.
4. Issuance fee. Be accompanied by the payment of an issuance fee in the amount of Five Dollars ($5).
5. Additional licenses and permits allowed. The establishment of the Fee Schedule in S-1-5.A.3 does not preclude the City, its officers or agents, from requiring other licenses or permits and payment of other fees.
B. Issuance of receipts. Whenever a license cannot be issued at the time the application for the same is made, the City Finance Officer or his designee or his designee shall issue a receipt to the applicant for the money paid in advance, subject to the following condition:
Such receipt shall not be construed as the approval of the City Finance Officer or his designee or his designee for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this chapter.
C. Renewal license procedure. The applicant for the renewal of a license shall submit an application for such license to the City Finance Officer or his designee or his designee. The application shall:
1. Be a written statement upon forms provided by the City Finance Officer or his designee or his designee; such form shall include an affidavit, to be sworn to by the applicant before a notary public of this state.
2. Require the disclosure of such information concerning the applicant’s demeanor and the conduct and operation of applicant’s business during the preceding licensing period as is reasonably necessary to the determination by the City Finance Officer or his designee or his designee of the applicant’s eligibility for a renewal license and to a possible adjustment of license fee.
D. Duplicate license procedure. A duplicate license or special permit shall be issued by the City Finance Officer or his designee or his designee to replace any license previously issued, which has been lost, stolen, defaced, or destroyed without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this state attesting to such fact and the paying to the City Finance Officer or his designee or his designee of a fee of Five Dollars ($5).
E. Supplemental license procedure. When a licensee places himself in a new status as provided in subsection B of S-1-6, the City Finance Officer or his designee or his designee shall issue a supplemental license and such additional insignia as may be required.
F. Non-approval of license. The City Finance Officer or his designee or his designee shall, upon disapproving any application submitted under the provisions of this chapter, refund all fees paid in advance to the applicant, provided the applicant is not otherwise indebted to the City.
When the issuance of a license is denied and any action is instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license be issued to him pursuant to a judgment ordering the same.
G. Specific Requirements for Full-Service Restaurant On-Sale Licenses
1. An applicant for an On-Sale Full-Service Restaurant License shall provide
documentation to the Finance officer that the applicant meets all requirements of state
law for an On-Sale Full-Service Restaurant License.
2. The renewal of an On-Sale Full-Service Restaurant License is conditioned
upon the applicant satisfying all state law requirements for renewal.
3. Each licensee who owns an on-sale license as of January 1, 2008 and
purchased or had the license transferred to such licensee at any time between January 1,
2003 and January 1, 2008 shall provide to the Finance Officer the information required
by state law of a full-service restaurant on-sale license by August 15 September 15, 2008.
4. The City Council shall set the On-Sale Full-Service Restaurant
License fee within 90 days of adopting this ordinance.
5. Upon determining the fair market value of on-sale licenses the City shall
adopt a resolution establishing the fee for Full-Service Restaurant On-Sale Liquor Licenses at or above the fair market value as required by SDCL ch. 35-4.
6. The City will maintain a registry of all on-sale liquor licenses, which shall include full-service restaurant liquor licenses that are being offered for sale, and will provide a copy of the registry to anyone who requests a new On-Sale Full-Service Restaurant License. Prior to the issuance of a new license, there must not be a full-service restaurant on-sale license on the registry, or the applicant must submit an affidavit documenting that the applicant is unable to purchase the on-sale license at fair market value and on terms satisfactory to both the potential buyer and seller.
7. Any existing full-service restaurant on-sale license holder who wishes to sell their on-sale license at the fair market value established by the City Council may register the on-sale license with the City.
H. Requirements for On-Sale Retail Liquor Licenses (Effective for Licenses Issued for Calendar Year 2009).
No on-sale license issued pursuant to SDCL Title 35 may be reissued to the same licensee or the licensee’s transferee if the license has not been actively used by the applicant during the two years preceding the date of the current application. For purposes of this section, the term, actively used, means that the licensed premise was open to the public during regular business hours for the sale and consumption of distilled spirits for at least sixty days during the two preceding years. However, the licensed premise is only required to be open five days per year if it is open to the public during a special event that has at least twenty- five thousand visitors.
I. Requirements for Off-Sale Package Liquor Licenses (Effective for Licenses Issued for Calendar Year 2009).
No off-sale package liquor license issued pursuant to SDCL Title 35 may be reissued to the same licensee or the licensee’s transferee if the license has not been actively used by the applicant during the two years preceding the date of the current application. For purposes of this section, the term, actively used, means that the licensed premise was open to the public during regular business hours for the sale of distilled spirits for at least sixty days during the two preceding years. However, the licensed premise is only required to be open five days per year if it is open to the public during a special event that has at least twenty- five thousand visitors.
Source: Ordinance No. 839, 845, 889, 893, 895, 911, 986. 1024
Authority: SDCL 9-34-1
S-1-6 DETERMINATION OF LICENSE FEE
License fees shall be in the amounts established in the governing ordinance, and as further determined under this section.
A. Unexpired previous license. The following rules shall apply to a person who, on the effective date of this chapter, holds a valid unexpired license from the City for any business required to be licensed hereunder:
1. Credit less than fee. In the event that the amount of the prorated license fee previously paid, based upon the unexpired portion of the period for which such previous license was issued, is less than the amount of fee imposed hereunder, the applicant shall receive credit on the new fee to the extent of such prorated amount.
2. Credit exceeds fee. In the event that the prorated credit as computed in subsection 1 above is greater than the amount of fee imposed hereunder, the amount of license fee imposed by this chapter shall be the amount of such prorated credit.
3. Where applicant indebted. In no case where an applicant is indebted in any manner to the City shall he be entitled to a credit or rebate.
B. Adjustment of fee. The City Finance Officer or his designee or his designee shall:
1. Change in license status. Require the payment of an additional or higher license fee, to be prorated for the balance of the license period, when a licensee placed himself in such status under this chapter by:
a. Increasing the number of his employees.
b. Augmenting the volume of business done by him.
c. Expanding the size of business, plant, or premises.
d. Increasing the number or size of his vehicles.
e. Making any other lawful and material change of any kind in his business.
2. Prorated fee on voluntary retirement. Refund a proportion of the amount of fee already paid, prorated for the balance of the license period, upon notification by a licensee of his voluntary retirement from business.
3. Prorated fee for new business. Prorate for the balance of any license period the license fee of any business commenced after the beginning of the license period.
C. Rebate of fee.
1. General prohibition. Except as herein provided, no rebate or refund of any license fee or part thereof shall be made by reason of the non-use of such license or by reason of a change of location or business rendering the use of such license ineffective.
2. Authorized in special cases. The City Finance Officer or his designee or his designee shall have the authority to refund a license fee or prorated portion thereof where:
a. The license fee was collected through an error.
b. Some particular hardship might be involved.
c. The licensee has been prevented from enjoying the full license privilege due to his death or incapacity to engage in such business.
d. The licensee has entered the armed services of the United States through induction or enlistment and is thereby rendered unable to conduct such business.
e. The licensed business is forced to close before the expiration of the license period by reason of the taking over of the business or licensed premises by the United Stated Government, the State of South Dakota, or the City.
f. The licensed business was destroyed by fire or other casualty through no fault of the licensee.
3. Basis of rebate. A rebate or refund as provided herein shall be based upon the number of days in the license period remaining after the occurrence of the event relied upon for rebate.
Authority: SDCL 9-34-1
S-1-7 CONTENTS OF LICENSE
Each license issued hereunder shall state upon its face the following:
A. The name of the licensee and any other name under which such business is to be conducted.
B. A description of the type of business and address of each business so licensed.
C. The amount of license fee therefore.
D. The dates of issuance and expiration thereof.
E. Such other information as the City Finance Officer or his designee or his designee shall determine.
Authority: SDCL 9-34-1
S-1-8 DUTIES OF LICENSEE
A. General standards of conduct. Every licensee under this chapter shall:
1. Permit inspection. Permit all reasonable inspections of his business and examinations of his books by public authorities so authorized by law.
2. Comply with governing law. Ascertain and at all times comply with all laws and regulations applicable to such licensed business.
3. Operate properly. Avoid all forbidden, improper, or unnecessary practices or conditions that do or may affect the public health, morals or welfare of the citizens of the City of Fort Pierre.
4. Cease business. Refrain from operating the licensed businesses on premises after expiration of his license and during the period his license is revoked or suspended.
B. Display of license and insignia. Every licensee under this chapter shall:
a. License. Post and maintain such license upon the licensed premises in a place where it may be seen at all times.
b. Insignia. Affix any insignia delivered for use in connection with business premises on the inside glass part of the window of said establishment, facing the public way or on the inside glass part of the door opening on the public way. Such insignia shall be placed and maintained so as to be plainly visible from the public way.
Where the licensed premises does not have a window facing a public way at street level, or a glass door opening upon the public way, such insignia shall be affixed to the glass in the door, window, or other prominent place in the nearest proximity to the principal public entrance to such establishment and shall be placed and maintained so as to be plainly visible from such public entrance.
a. Effect of this chapter. Purchase any such additional vehicle license or permit required by this chapter or any other ordinance enacted by the City regarding the use of such vehicle for business purposes. This chapter shall not be abrogated, limited, or affected by any other vehicle license or permit that may be required by another governmental agency.
b. Motor vehicles. Affix any insignia delivered for use in connection with a licensed motor vehicle on the inside of the windshield of the vehicle or as may be otherwise prescribed by the City Finance Officer or his designee or his designee or by law.
c. Motor-less vehicles. Affix any metal or other durable type of insignia delivered for use in connection with a wagon or other vehicle not operated by motor power securely on the outside of such vehicle.
3. Persons. Carry such license on his person when he has no licensed business premises.
4. Machines. Affix any insignia delivered for use in connection therewith upon the outside of any coin, vending, or other business machine or device, so that it may be seen at all times.
5. Inoperative licenses, special permits, and insignia. Not allow any license, special permit, or insignia to remain posted, displayed, or used, after the period for which it was issued has expired, or when it has been suspended or revoked, or for any other reason become ineffective. The licensee shall promptly return such inoperative license, special permit, or insignia to the City Finance Officer or his designee or his designee.
6. Unlawful possession. Not loan, sell, give, or assign to any other person, or allow any other person to use or display, or to destroy, damage, or remove, or to have in his possession, except as authorized by the City Finance Officer or his designee or his designee or by law, any license or insignia which has been issued to said licensee.
C. New location desired. A licensee shall have the right to change the location of the licensed business provided he shall:
1. Approval of City Finance Officer or his designee or his designee. Obtain written permission from the City Finance Officer or his designee or his designee for such change of location.
2. Payment of fee. Pay a removal fee of Five Dollars ($5) to the City Finance Officer or his designee or his designee.
D. Keep records. A licensee shall keep all records and books necessary to the computation of his license fee and to the enforcement of this chapter. The City Finance Officer or his designee or his designee shall make his own determination as to the financial statement for any business where the licensee has failed to keep books and records as required herein, subject to reasonable notice being given to the licensee.
Authority: SDCL 9-34-1
S-1-9 TRANSFER OF LICENSE
A. When authorized. A licensee hereunder shall have the right to transfer his license to another person, provided he shall:
1. Approval of City Finance Officer or his designee or his designee. Obtain written permission from the City Finance Officer or his designee or his designee for such transfer.
2. Method of transfer. Execute the transfer in the form and under the conditions required by law and as prescribed by the City Finance Officer or his designee or his designee.
3. Notification. Promptly report the completed act of transfer to the City Finance Officer or his designee or his designee.
4. Surrender license. Promptly surrender any license certificate and, when required by the City Finance Officer or his designee or his designee, all licensing insignia.
B. New license issued. Upon the completion of a transfer of license in compliance with subsection A above, the City Finance Officer or his designee or his designee shall issue a new license and insignia to the transferee for the unexpired term of the old license.
1. Effect of new license. The new license issued hereunder shall authorize the transferee to engage in the same business at the same location or at such other place as shall be approved by the City Finance Officer or his designee or his designee and named in the new license.
2. Transfer fee. The City Finance Officer or his designee or his designee shall collect a transfer fee of Five Dollars ($5) from the transferee prior to the issuance of the new license.
Authority: SDCL 9-34-1
1. Persons authorized. The following persons are authorized to conduct inspections in the manner prescribed herein:
a. City Finance Officer or his designee. The City Finance Officer or his designee shall make all investigations reasonably necessary to the enforcement of this chapter.
b. Officials having duties. The City Finance Officer or his designee shall have the authority to order the inspection of licensees, their businesses, and premises by all City officials having duties to perform with reference to such licensees or businesses.
c. Law enforcement officers. All local law enforcement officers shall inspect and examine businesses located within their respective jurisdictions or beats to enforce compliance with this chapter.
2. Authority of inspectors. All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without search warrant, at all reasonable times, the following premises:
a. Those for which a license is required.
b. Those for which a license was issued and which, at the time of inspection, are operating under such license.
c. Those for which the license has been revoked or suspended.
3. Reports by inspectors. Persons inspecting licensees, their businesses, or premises as herein authorized shall report all violations of this chapter or of other laws or ordinances to the City Finance Officer or his designee and shall submit such other reports as the City Finance Officer or his designee shall order.
B. Provisional order. When an inspector has reported the violation of this chapter or of any law or ordinance, the City Finance Officer or his designee shall issue to the affected person a provisional order to comply.
1. Nature of notice. The provisional order, and all other notices issued in compliance with this ordinance, shall be in writing, shall be personally served, and shall apprise the person affected of his specific violations. In the absence of the person affected or his agent or employee, a copy of such notice shall be affixed to some structure on the premises. Depositing such notice in the United States mail shall constitute service thereof.
2. Period for compliance. The provisional order shall require compliance within fifteen (15) days of personal service on the affected person.
3. Hearing. Upon written application by the person affected before the expiration of the fifteen (15) day period for compliance, the City Finance Officer or his designee shall order a hearing. Notice of such hearing shall be given the affected person in the manner prescribed herein.
C. Modifying authority of City Finance Officer or his designee. Upon written application, or on his own motion, the City Finance Officer or his designee shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date, and to change, modify, or rescind any recommendation or order.
D. Final order. Upon the failure or refusal of the violator to comply with the provisional order or with any order made after hearing, the City Finance Officer or his designee shall then declare and make the provisional order final.
1. Authority of City Finance Officer or his designee. The City Finance Officer or his designee shall have the authority to suspend or revoke licenses upon making and declaring a provisional order final.
2. Effect of revocation or suspension. Upon revocation or suspension no refund of any portion of the license fee shall be made to the licensee and he shall immediately cease all business at all places under such license.
E. Summary action. When the conduct of any licensee, agent or employee is so harmful to the public health, safety, and general welfare as to constitute a nuisance and thus give rise to an emergency, the City Finance Officer or his designee shall have the authority to summarily order the cessation of business and the closure of the premises or to suspend or revoke the license. Unless waived in writing, within five (5) days after he has acted summarily, the City Finance Officer or his designee shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given the affected person in the manner prescribed herein.
F. Right of review. Any person aggrieved by any decision of the City Finance Officer or his designee shall have the right to a review by the Mayor by filing notice with the Mayor within forty-eight (48) hours following the effective date of the action or decision complained of.
G. Right of appeal. Any person aggrieved by any decision of the Mayor shall have the right to appeal to the City Council by filing a written appeal with the Council within ten (10) days following the effective date of the action or decision complained of.
1. Contents of appeal. Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts relied upon to avoid such order.
2. Notification to City Finance Officer or his designee and Mayor. At the time of filing any such appeal a copy thereof shall be filed by the appellant with the City Finance Officer or his designee and the Mayor.
3. Hearing. The City Council shall fix a time and place for hearing the appeal and shall personally serve a written notice, as provided herein, upon the appellant informing him thereof. The City Council shall also give such notice to the City Finance Officer or his designee and Mayor, who shall be entitled to appear and defend such order.
4. Effect of decision. The findings of the City Council shall be final and conclusive and shall be personally served upon the appellant as required herein.
H. Liability of violator.
1. Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the City.
2. Action by City Attorney. The City Attorney shall, at the direction of the City Finance Officer or his designee, institute a civil suit in the name of the City to recover any such unpaid fee.
3. Civil judgment no bar. No civil judgment, or any act by the City Attorney, the City Finance Officer or his designee, or the violator shall bar or prevent a criminal prosecution for each and every violation of this chapter.
Authority: SDCL 9-34-1
Any person found to be in violation of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be penalized as provided in chapter T, in addition to such person’s license or permit being revoked.
Authority: SDCL 9-19-3, 9-34-1
If any provision of this chapter is declared unconstitutional or application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and its applicability thereof to other persons or circumstances shall not be affected thereby.