§ 5.55.028. Procedures and hours of business.

(a)

Retail On-Off Sale Wine License. Opening and closing hours for retail on-off sale wine dealers shall be between the hours of seven a.m. and two a.m. each day of the week, including Sunday. On business days when daylight saving time goes into effect (second Sunday in March at two a.m.), businesses subject to this chapter must close at two a.m. On business days when daylight saving time terminates (first Sunday in November at two a.m. when two a.m. becomes one a.m.), businesses subject to this chapter are entitled to remain open and sell wine for one additional hour (until what would otherwise have been three a.m. had not there been termination of daylight saving time).

(b)

The licensing period runs from January 1 through December 31.

(c)

No on-sale licensee may permit any person less than twenty-one years old to loiter on the licensed premises or to sell, serve, dispense, or consume alcoholic beverages on such premises. However, an on-sale licensee licensed pursuant to subdivision SDCL 35-4-2(12) wine retailers being both package off-sale dealers and on-sale dealers, may permit persons eighteen years old or older to sell and serve or dispense alcoholic beverages if less than fifty percent of the gross business transacted by that establishment is from the sale of alcoholic beverages and the licensee or an employee that is at least twenty-one years of age is on the premises when the alcoholic beverage is sold or dispensed. For the purposes of this section, the term, to sell and serve alcoholic beverages, means to take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic beverages.

(Ord. 2047 (part), 2008; Ord. 2027 (part), 2007).

(Ord. No. 2065, 9-28-2009; Ord. No. 2077, 5-24-2010)

State law reference

SDCL 35-4-79