35-4-19. Licensed municipalities permitted to issue certain licenses--Operating agreements permitted.

Any municipality that has obtained a license under this title may issue licenses pursuant to subdivisions 35-4-2(12) and (16). If a municipality has been issued an off-sale license only, the governing body may approve or disapprove applications for on-sale licenses issued pursuant to subdivision 35-4-2(4). If a municipality has been issued an on-sale and off-sale license, the governing body may, by resolution, enter into an operating agreement with any person for the specific purpose of operating an on-sale establishment or an off-sale establishment, or both for the municipality.

Source: SDC 1939, § 5.0204 (9); SL 1959, ch 7, § 2; SL 1971, ch 211, § 50; SL 1978, ch 265; SL 1987, ch 261, § 21; SL 2007, ch 205, § 1; SL 2010, ch 180, § 31; SL 2018, ch 213, § 65.

35-4-19.1. Full-service restaurant on-sale license provisions applicable to municipalities and operating agreement holders.

The provisions of §§ 35-4-110 to 35-4-120, inclusive, apply to any municipality that enters into operating agreements pursuant to § 35-4-19. Each operating agreement holder is a license holder for the purposes of §§ 35-4-110 to 35-4-120, inclusive, and when applying these provisions.

Source: SL 2009, ch 177, § 11; SL 2018, ch 213, § 66.