§ 6-4. Sunday sales permitted by the holders of operating agreements and licensees.

(a)

Notwithstanding any of the other provisions of this chapter, any holder of an operating agreement may sell, serve and allow to be consumed on the premises covered by their operating agreement, alcoholic beverages between the hours of 10:00 a.m. and 12:00 midnight on Sunday with the serving of food where the holder of the operating agreement who applies for a Sunday sales permit has facilities for the serving of prepared meals from a fixed restaurant with the simultaneous seating capacity of at least 50 patrons.

(b)

Notwithstanding any of the other provisions of this chapter, any holder of retail malt beverage license or on-sale wine license may sell, serve and allow to be consumed on the premises covered by their license, malt beverages or wine between the hours of 10:00 a.m. and 12:00 midnight on Sunday.

(c)

The municipal off-sale licensee and licensed off-sale malt beverage and off-sale wine retailers may sell and allow to be sold malt beverages or wine on Sunday after 7:00 a.m. for consumption off the premises where sold.

(d)

Notwithstanding any other provisions of this chapter, any holder of a special off-sale package wine dealers license may sell and allow to be sold wine manufactured by a farm winery that is licensed pursuant to SDCL Chapter 35-12 on Sunday after 7:00 a.m. for consumption off the premises where sold.

(e)

Notwithstanding any other provisions of this chapter, any holder of a special malt beverage retailers' license and a special retail on-sale wine dealers' license may sell, serve and allow to be consumed on the premises malt beverages or wine on Sunday between the hours of 10:00 a.m. and 12:00 midnight on Sunday for consumption on the premises where sold.

(f)

Notwithstanding any other provisions of this chapter, the municipal off-sale licensee may sell and allow to be sold alcoholic beverages on Sunday after 7:00 a.m. for consumption off the premises where sold.

(Code 1996, § 5-7; Ord. No. 27-00, § I, 11-13-2000; Ord. No. 02-03, § I, 3-11-2003; Ord. No. 05-06, § I, 3-28-2006; Ord. No. 38-08, 10-14-2008; Ord. No. 01-10, § I, 2-9-2010)

Editor's note

Ord. No. 38-08, adopted Oct. 14, 2008, changed the title of § 6-4 from Sunday sales permitted by the holders of operating agreements, light wine licenses, the municipal off-sale licensee and off-sale malt beverage licensees to Sunday sales permitted by the holders of operating agreements licensees.