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.