Title 4 – City Ordinances – Licenses
TITLE 4 – LICENSES
Chapter 4.01 – General Provisions
Chapter 4.02 – Peddlers
Chapter 4.03 – Alcoholic Beverages
Chapter 4.04 – Plumbers and Electricians
CHAPTER 4.01 – GENERAL PROVISIONS
4.0101 Licenses Required. It shall be unlawful for any person, persons, firm or corporation to engage in any activity for which a license is required without first having obtained such license, as hereinafter provided. The City Council may at any time expand the general provisions of this Chapter by requiring any person, persons, firm or corporation engaging in any trade, business or occupation within the City which is not specified by this ordinance to obtain a license, as deemed necessary. (SDCL 9-34-1)
4.0102 Application for License. Any person, persons, firm or corporation wishing to obtain a license as herein provided, shall make written application to the City Council stating the name of the applicant, address, purpose of the activity, the length of time for which said license is wanted, and the particular place at which said license is to be used.
Fees for all licenses shall be fixed by the City Council where not specified in this Chapter, and all license fees shall be paid in full at the time of application in such manner as approved by said Council.
4.0103 License Expiration. Any annual licenses granted under the provisions of this Chapter shall expire on the 31st day of December next following the granting thereof, except as otherwise provided, and shall not be granted for any sum less than the annual rate, and there shall be no rebate made on the termination of said calling, vocation, or kind of business for which said license was issued.
4.0104 Revocation. The City Council shall have the authority at any time to suspend or revoke any license granted under the provision of this Chapter whenever said Council shall be satisfied upon written complaint that such calling, vocation, or kind of business for which said license has been issued, has been made or conducted in an improper or illegal manner, and in case of such revocation, the City Council may refund to the holder of such license such proportionate amount of money paid therefore as said Council shall deem just.
4.0105 Issuance of License. Except as otherwise provided, all licenses shall be issued by the Finance Officer after issuance of the license has been approved by the City Council and the applicant shall have complied with all requirements for issuance of such license. Unless otherwise provided, all licenses shall be signed by the Finance Officer and shall have affixed thereto the official seal of the City.
4.0106 Record of Licenses. The Finance Officer shall keep a record of all licenses issued by the City stating when and to whom issued, for what purpose and for what length of time, the amount of money paid for said license, and the place where such activity is to be carried on. (SDCL 9-34-1)
CHAPTER 4.02 – PEDDLERS
4.0201 Definitions. For the purpose of this Chapter, the following terms are hereby defined:
A. “Peddler” – any person, whether a resident of this city or not, traveling from place to place, from house to house, or from street to street for the purpose of selling or soliciting for sale of goods, products or services, other than agricultural products produced or processed in this state; and shall also mean and include any person transacting a temporary business within the city.
B. “Temporary business” – shall not include bona fide garage or rummage sales which are not conducted at the same location more than four times per year; the duration of each sale shall not exceed four days.
4.0202 Application for License. Any peddler wanting to do business in the City shall complete and file an application with the Finance Officer containing the following:
1) Whether the applicant, upon a sale or order, receives payment or a deposit in advance of final delivery;
2) The period of time the applicant wishes to engage in business within the city;
3) The local, and permanent address of the applicant;
4) The kind of goods, products, or services the applicant wishes to sell;
5) The last five cities or towns the applicant has worked in;
6) Proof of a valid, effective sales tax license; and
7) An application fee of $50.
4.0203 Granted License. The application shall be submitted to the Council for review. If the Council grants the license, it shall be issued to the peddler and valid for a period of one year. If the Council does not grant the peddler a license, the Finance Officer shall refund the application fee to the applicant. The application may be renewed by filing a renewal application and $35 fee with the Finance Officer before the expired year.
4.0204 Exceptions. The provisions of this ordinance shall not apply to the following:
1. Solicitations, sales or distributions made by charitable, educational, or religious organizations which have registered with the city finance office on forms provided by that office.
2. Traveling salespersons doing business exclusively with retail merchants, manufacturers, jobbers or public officials.
3. Members of professions licensed by the state which have continuing education requirements.
4. Persons selling or delivering personal property to regular customers on established routes.
4.0205 Unlawful conduct. The following conduct shall be deemed unlawful:
For any peddler to remain upon premises after having been told by the owner or possessor of the premises to leave.
For any peddler to make false or fraudulent statements concerning the quality or nature of his goods, products, or services.
To enter upon any premises posted with a sign stating “No Peddlers Allowed” or “No Soliciting”.
To engage in business of peddling between the hours of 8 p.m. and 9 a.m., or anytime on Sunday, except by specific appointment or invitation.
For any peddler to engage in business within the City without first obtaining a license to do so.
For any peddler to fail to display his license upon the request of any person.
4.0206 Revocation. Any license issued under the provisions of this Chapter may be revoked for the violation by the licensee of any provision of this ordinance or state law. Upon such revocation, such license shall immediately be surrendered to a city police officer or the Finance Officer.
CHAPTER 4.03 – ALCOHOLIC BEVERAGES
4.0301 License Required. No person shall sell, offer for sale, keep for sale, exchange, distill, manufacture, produce, bottle, blend, or otherwise concoct, within the City any alcoholic beverage as defined by statute, without having a license therefore as required by South Dakota Laws. (SDCL 9-29-7)
4.0302 Application and License Fees. In any instances in which applications may qualify, applications for licenses for the sale of alcoholic beverages in the City shall be submitted as prescribed by South Dakota Laws. (SDCL 35-4-2)
4.0303 License Restrictions. Applications for on-sale and off-sale liquor and malt beverage licenses shall have the necessary fees attached upon being submitted to the City as required by South Dakota laws, and the granting and retention of such licenses will be as provided by the South Dakota laws, and local regulations. (SDCL 32-303, SDCL 35-2-10)
4.0304 Location of Business. The City Council shall not issue any licenses to any person(s), business or group where the location of such a business would not be considered desirable in accordance with South Dakota Laws and local regulations. (SDCL 35-2-6.1, SDCL 35-26.2)
4.0305 Times of Operation. Every public facility on sale dealer in alcoholic beverages, distilled spirits, wines and malt beverages other than low point beer shall not exceed the hours of operation and conduct of business requirements established for the Municipal Liquor Store, found in Chapter 1.0404.
4.0306 Violations. Any person, firm, or licensee in violation of any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. For failure to correct any offense when applicable, after conviction, each day of failure to do so shall constitute an additional separate offense. Whenever any person shall as clerk, servant, agent, or employee of any other person or establishment violates any of the provisions of this Chapter he shall also be deemed as guilty as a principal. Failure to comply with all existing requirements, including the provisions in this Chapter, shall provide cause for revocation of any licenses granted under the provisions of South Dakota Laws. (SDCL 35-2-10)
4.0307 Sanitation Facilities. Every on sale dealer shall maintain upon his licensed premises, toilets properly connected with the City sewer system with separate facilities for men and women. In each such facility there shall be maintained running water and towels for use by the users of such facilities (or approved sanitary drying facilities). Every licensee shall have such facilities equipped and maintained so as to pass state and/or local health requirements at all times. (34-18-22)
CHAPTER 4.04 – PLUMBERS AND ELECTRICIANS
4.0401 Registration Required. No person shall engage in or do any work as a plumbing contractor, plumber or plumber’s apprentice in the City unless registered to do so with the South Dakota State Plumbing Board pursuant to SDCL 36-25.
Nothing in this section shall prohibit any person from doing plumbing work which complies with the provisions of the minimum standards prescribed by the South Dakota State Plumbing Board on property owned and occupied by him or on premises where he may be employed in full time maintenance work, provided such plumbing work is still subject to all other applicable ordinances and regulations. (9-34-12)
No person shall engage in or do any work as an electrical contractor, electrician, or electrician’s apprentice in the City unless registered to do so with the South Dakota State Board pursuant to SDCL 36-16. A copy of such registration shall be filed with the City Finance Officer. Nothing in this section shall prohibit any person from doing electrical work which complies with the provisions of the minimum standards prescribed by the South Dakota State Board on property owned and occupied by him or on premises where he may be employed in full time maintenance work, provided such electrical work is still subject to all other applicable ordinances and regulations. (9-34-12)