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2024 Senate Bill 148 - SD Legislature provide permissive authority to a governing body of a municipality or county to deny reissuance of an on-sale license not actively used.

24.699.10 99th Legislative Session 148

2024 South Dakota Legislature

Senate Bill 148

Introduced by: Senator Hunhoff

An Act to provide permissive authority to a governing body of a municipality or county to deny reissuance of an on-sale license not actively used.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 35-2-5.3 be AMENDED:

35-2-5.3. No licensing authorityThe governing body of a municipality or county may reissue deny reissuance of any on-sale license issued pursuant to subdivision 35-4-2(4), (6), or (13) 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:

(1) The licensed premises 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; or

(2) The licensed premises is only required to be open five days per year if it is and open to the public during a special event that has at least twenty-five thousand visitors. However, the

The number of licenses held by a municipality pursuant to chapter 35-3 may not be less than the total number of licenses available to be issued as of July 1, 2010.

Underscores indicate new language.

Overstrikes indicate deleted language.