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 4.05 – Cannabis Establishments

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)

CHAPTER 4.05 – CANNABIS ESTABLISHMENTS

4.0501: Purpose And Intent. The City Council of the City of Bridgewater enacts the following licensing ordinances in order to ensure that cannabis establishments within the municipal boundaries of the City operate in a manner which complies with state laws and regulations, protects the health, safety, and welfare of the general public, prevents potential conflicts and issues arising from ownership and employees, recognizes certain safety and security considerations, and minimizes risk of unauthorized use or access of cannabis by the general public.

 4.0502: Definitions. Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis-related terms which are defined by SDCL 34-20G-1.

Cannabis (or Marijuana): all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

Cannabis Cultivation Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.

Cannabis Dispensary: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.

Cannabis Establishment: cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.

Cannabis Product Manufacturing Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.

Cannabis Products: any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.

Cannabis Testing Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.

Department: the South Dakota Department of Health

4.0503: License Required.

(a) No cannabis establishment may be located or operate in the city without the appropriate valid and current cannabis establishment license issued by the city pursuant to this article. A violation of this provision is subject to the general penalty provision in Section 12.116. Each day of the violation constitutes a separate offense.

(b) No cannabis establishment may be located or operate in the city without the appropriate valid and current cannabis establishment registration certificate issued by the Department pursuant to rules promulgated under SDCL 34-20G. A violation of this provision is subject to the general penalty provision in Section 12.116. Each day of the violation constitutes a separate offense.

4.0504: License Application.

(a) An application for a cannabis establishment license must be made on a form provided by the

city. No other application form will be considered.

(b) The applicant must submit the following:

1. Application fee of $3,000.00. The City will reimburse $2,000.00 for applicants who fail to obtain a registration certificate from the South Dakota Department of Health.

2. An application that will include, but is not limited to, the following:

• The legal name of the prospective cannabis establishment;
• The physical address of the prospective cannabis establishment that meets all zoning requirements, as well as any location requirements pursuant SDCL 34-20G and the administrative rules promulgated thereunder.
•  The name, address, and birth date of each principal officer, owner, and board member of the proposed cannabis establishment.
• A sworn statement that no principal officer, owner, or board member has been convicted of a violent felony offense in the previous ten (10) years in any jurisdiction.
• Any additional information requested by the city.

4.0505: Issuance Of License.

(a) The city will issue a license unless:

• The applicant has made a false statement on the application or submits false records or documentation; or
• Any owners, principal officer, or board member of the applicant is under the age of twenty-one (21) years; or
• Any owner, principal officer, or board member of the applicant has been convicted of a violent felony offense in the previous ten (10) years in any jurisdiction;
• The proposed location does not meet all applicable zoning requirements; and the proposed location is not within 500 feet of a public park or daycare;
• The proposed location does not meet all location requirements under SDCL 34-20G and the administrative rules promulgated thereunder;
• The license is to be used for a business prohibited by state or local law, statute, rule, ordinance, or regulation; or
• Any owner, principal officer, or board member of the applicant has had a cannabis establishment license revoked by the city or a registration certificate revoked by the state; or
• An applicant, or an owner, principal officer, or board member thereof, is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to any cannabis establishment; or
• The applicant will not be operating the business for which the license would be issued.
  • (a) In the case of an application for a cannabis dispensary license, the city will reject the application if the limit on the number of cannabis dispensaries has been reached.
  • (b) The license must be posted in a conspicuous place at or near the entrance to the cannabis establishment so that it may be easily read at any time.

4.0506: City Neutrality As To Applicants.

       (a) Upon request from the Department as to the City’s preference of applicants, the City will neither support nor oppose any registration certificate application under consideration by the Department. Likewise, if inquiry is made by the Department, the City will abstain from endorsing any application as beneficial to the community.

4.0507: Number Of Cannabis Dispensaries.

• No more than one (1) cannabis dispensaries shall be allowed to operate in the City at any time.

4.0508: Expiration Of License And Renewal.

•  Each license expires one year from the date of issuance and may be renewed only by making application as provided in Section 4.0504. Application for renewal must be submitted at least sixty (60) days before the expiration date. The license holder must continue to meet the license requirements to be eligible for a renewal.
• The renewal fee is $3,000.00. The City will reimburse $2,000.00 for applicants who fail to obtain a renewal of their registration certificate from the Department.
• Failure to renew a license in accordance with this section may result in additional fees. Upon expiration of the license, the city may order closure of the cannabis establishment.
• If a license holder has not operated an establishment for which it holds a license in the preceding twelve (12) months, the license will not be renewed.

4.0509: Suspension

• A license may be suspended if the license holder or an employee or agent of the license holder:
  • Violates or is otherwise not in compliance with any section of this article.
• • Consumes or smokes or allows any person to consume or smoke cannabis on the premises of the cannabis establishment.
• Knowingly dispenses or provides cannabis or cannabis products to an individual or business to whom it is unlawful to provide cannabis or cannabis products.
• A license may be suspended if the license holder has its Department-issued registration certificate suspended, revoked, or not renewed by the Department or if the registration certificate is expired.
• A license may be suspended if the license holder creates or allows to be created a public nuisance at the cannabis establishment.

4.0510: Revocation

•  A license may be revoked if the license is suspended under Section 4.0509 and the cause for the suspension is not remedied.
• A license may be revoked if the license is subject to suspension under Section 4.0509 because of a violation outlined in that section and the license has been previously suspended in the preceding 24 months.
• A license is subject to revocation if a license holder or employee of a license holder:

2. 1. Gave false or misleading information in the material submitted during the application process;
   2. Knowingly allowed possession, use, or sale of non-cannabis controlled substances on the premises;
   3. Operated the cannabis establishment or the business of the cannabis establishment for which a license is required under this article while the license was suspended;
   4. Repeated violations of Section 4.0509;
   5. Operated a function of a cannabis establishment for which the license holder was not licensed (e.g., a licensed cannabis cultivation facility conducting cannabis testing functions without a cannabis testing establishment license);
   6. A license holder, or an owner, principal officer, or board member thereof, is delinquent in payment to the city, county, or state for any taxes or fees related to the cannabis establishment;
   7. A license holder, or an owner, principal officers, or board member thereof, has been convicted of, or continues to employ an employee who has been convicted of, a disqualifying felony offense as defined by SDCL 34-20G; or
   8. The license holder has its Department-issued registration certificate suspended, revoked, or not renewed or the registration certificate is expired.
   9. The license holder allows a public nuisance to continue after notice from the City.

4.0511. Suspension And Revocation Process. 

(a) The license holder will receive a notice of intent to suspend or notice of intent to revoke informing the license holder of the violation and the city’s intention to suspend or revoke the license. The notice will be hand delivered to the license holder or an employee or agent of the license holder or sent by certified mail, return receipt requested to the physical address of the cannabis establishment.

(b) If the license holder disputes the suspension or revocation, the license holder has ten (10) days from the postmark date on the notice or the date the notice was hand delivered to request a hearing before a hearing panel, which will consist of the Mayor, Finance Officer, and member of the public, appointed by Mayor.

(c) A suspension will be for thirty (30) days and begins ten (10) days after the postmark date on the notice or the date the notice is hand delivered unless the license holder exercises its rights to process and appeal, in which case the suspension takes effect upon the final determination of suspension.

(d) A revocation will be for one (1) year and begins ten (10) days after the postmark date on the notice or the date the notice is hand delivered unless the license holder appeals the revocation, in which case the revocation takes effect upon the final determination of revocation.

(e) The license holder who has had the license revoked may not be issued any cannabis establishment license for one year from the date the revocation became effective.

4.0512: Appeal. An applicant or license holder who has been denied a license or renewal of a license or who has had a license suspended or revoked under this article may appeal to the City Council by submitting a written appeal within ten (10) days of the postmark on the notice of denial, non-renewal, suspension, or revocation. The written appeal must be submitted to City Hall PO Box 37, Bridgewater, South Dakota, 57319. The appeal will be considered by the City Council at a regularly scheduled meeting within one month of the receipt of the appeal.

4.0513: Licenses Not Transferrable. No cannabis establishment license holder may transfer the license to any other person or entity either with or without consideration, nor may a license holder operate a cannabis establishment at any place other than the address designated in the application.

4.0514: Hours Of Operation For Dispensaries. No cannabis dispensary may operate on Sunday or between the hours of 6:00 p.m. and 9:00 a.m. on Monday through Saturday.

4.0515: Liability For Violations. Notwithstanding anything to the contrary, for the purposes of this article, an act by an employee or agent of a cannabis establishment that constitutes grounds for suspension or revocation will be imputed to the cannabis establishment license holder for purposes of finding a violation of this article, or for purposes of license denial, suspension, or revocation, only if an officer, director or general partner or a person who managed, supervised or controlled the operation of the cannabis establishment, knowingly allowed such act to occur on the premises.

4.0516: Penalties.  Any person who operates or causes to be operated a cannabis establishment without a valid license or in violation of this article is subject to a suit for injunction as well as prosecution for ordinance violations. Such violations are punishable by a maximum fine of five hundred dollars ($500.00). Each day a cannabis establishment so operates is a separate offense or violation.

 Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.