ENTITLED 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. The governing body of a municipality or county may 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:
(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; or
(2) The licensed premises is open five days per year and open to the public during a special event that has at least twenty-five thousand visitors.
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.
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.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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