Title 5
BUSINESS LICENSE, TAXES AND REGULATIONS

Chapters:

Chapter 5.04
BUSINESS LICENSES GENERALLY

Sections:

5.04.010 Licensing authority defined.

5.04.020 License– Unlawful to operate without when required.

5.04.030 License– Fee.

5.04.040 License– Application-Generally.

5.04.050 Application– Contents.

5.04.060 License– Application-Determination.

5.04.070 Bond and insurance.

5.04.080 License– Issuance– Generally.

5.04.090 License– Issuance– Recordkeeping.

5.04.100 License– Display.

5.04.110 License– Expiration.

5.04.120 License– Cancellation.

5.04.130 Violation– Penalty.

5.04.010 Licensing authority defined.

Except as otherwise provided, the term "licensing authority" means the city council.

(Prior code § 7.0103)

5.04.020 License– Unlawful to operate without when required.

It is unlawful for any person, persons, firm or corporation to engage in any trade, business or occupation within the corporate limits of the city, and within one mile of the corporate limits of the city, or of any public ground or park belonging to the city, for which a license is provided for in this title, without first having obtained such license as hereinafter provided; and provided, that where the statutes of the state require a license be obtained, the obtaining of such state license shall be prerequisite to obtaining a similar license from the city.

(Prior code § 7.0101)

5.04.030 License– Fee.

Except as otherwise provided an applicant for a license shall first pay the amount of the license to the city finance officer taking his receipt therefor showing the kind of license for which the fee was paid and the amount paid. Such receipt shall be presented to the city finance officer or other licensing officer to whom application for the license is made.

(Prior code § 7.0102(1))

5.04.040 License– Application– Generally.

Except as otherwise provided an applicant for license shall make and file application in writing with the city finance officer on the form prescribed. Such application shall contain such information as required by the licensing authority or as provided by ordinance and must show that the applicant is eligible for the license for which application is made. If required, the applicant shall verify the application.

(Prior code § 7.0102(2))

5.04.050 Application– Contents.

Unless otherwise provided an application for license shall state:

A. Name and address of applicant;

B. Trade name if any under which license is to be exercised;

C. If a partnership, the name and address of each partner;

D. If a corporation, tie names and addresses of the officers;

E. Place of business or location where the license is to be exercised;

F. Description of the activity to be carried on under the license, and length of time for which the license is wanted;

G. Such information as required by ordinance as may be necessary for determination of the amount of the license fee;

H. Such information as required by ordinance or licensing authority showing the applicant is entitled to the license and that he is a proper person and the place is a proper place for the exercise thereof.

(Prior code § 7.0102(3))

5.04.060 License– Application– Determination.

A. The licensing authority shall consider the application upon presentation of the same by the city finance officer and if satisfied that applicant has met all requirements and is a suitable and proper person to be granted such license, shall cause the city finance officer to issue the same. Unless otherwise provided all licenses shall be signed by the city finance officer and shall have affixed thereto the official seal of the city.

B. If the licensing authority is not satisfied that applicant has met all requirements or is not a suitable and proper person to be granted such license, the application shall be refused and proper notation made thereon; such refusal shall be endorsed upon the receipt by the city finance officer and upon presentation of such receipt so endorsed to the city finance officer, he shall refund the money so paid by the applicant and take up the receipt, which receipt when taken up shall be the city finance officer's voucher for the money so refunded.

(Prior code § 7.0104)

5.04.070 Bond and insurance.

Any bond, liability insurance or deposit required shall be subject to the approval of the licensing authority, and in case such licensing authority deems the security inadequate, new or additional security may be required; the license may be suspended pending the furnishing of such new or additional security, and if not furnished the license may be revoked.

(Prior code § 7.0105)

5.04.080 License– Issuance– Generally.

Except as otherwise provided, all licenses shall be issued by the city finance officer, if the issuance of the license is approved by the licensing authority and the applicant shall have complied with all requirements for issuance of the license. Unless otherwise provided, all licenses shall be signed by the city finance officer and shall have affixed thereto the official seal of the city.

(Prior code § 7.0109)

5.04.090 License– Issuance– Recordkeeping.

The city finance officer shall keep a record of all licenses issued by the city council, stating when and to whom issued, for what purpose and for what length of time issued, and the amount of money paid for the license, and the place where the business is to be carried on.

(Prior code § 7.0108)

5.04.100 License– Display.

Every person to whom a license is issued shall display or post the same as required by ordinance and shall exhibit the same to any person in authority when requested to do so.

(Prior code § 7.0110)

5.04.110 License– Expiration.

All annual licenses granted under the provisions of this chapter shall expire on the thirty-first day of December next following the granting thereof, except as in this chapter 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 the calling, vocation or kind of business for which the license was issued.

(Prior code § 7.0106)

5.04.120 License– Cancellation.

The city council shall have power to cancel any license issued by the city, for failure of the licensee to comply with any ordinance or regulation of the city or state law respecting such license or the manner of exercise thereof or for other good cause, after hearing upon notice to the licensee.

(Prior code § 7.0112)

5.04.130 Violation– Penalty.

Any person, persons, firm or corporation who shall violate any of the provisions of this title, or who shall engage in any of the callings, vocations or kinds of business mentioned in this title, without first having received a license therefor, as specified in this title, shall upon conviction thereof, be fined and/or imprisoned as set forth in Chapter 1.16 of this code.

(Prior code § 7.0111)

Chapter 5.08
CATV FRANCHISE*

Sections:

5.08.010 Title of ordinance.

5.08.020 Definitions.

5.08.030 Grant of franchise.

5.08.040 Power of city.

5.08.050 Area of service.

5.08.060 Insurance required– Indemnification of city.

5.08.070 Channel capacity– Color.

5.08.080 Technical standards.

5.08.090 Service interruptions.

5.08.100 Service to schools and city.

5.08.110 Emergency or disaster use of system.

5.08.120 Safety requirements.

5.08.130 Construction– Use of right-of-way.

5.08.140 Poles and other structures.

5.08.150 Disuse– Abandonment.

5.08.160 Subscriber service equipment.

5.08.170 Transfer of franchise.

5.08.180 Term of franchise.

5.08.190 Payment to city.

5.08.200 Rates.

5.08.210 Complaints.

5.08.220 Modification of FCC rules.

5.08.230 Modification of obligations.

5.08.240 Unauthorized cable use.

* Prior history: Ord. 3-75.

5.08.010 Title of ordinance.

The ordinance codified in this chapter shall be known and may be cited as the "Redfield Community Antenna Television Ordinance."

(Ord. 8-88 § 1)

5.08.020 Definitions.

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein:

A. "Basic cable service" means the service tier which includes the retransmission of local broadcast signals.

B. "Cable television reception service" means the delivery by the grantee to television receivers (or any other suitable type of electronic terminal or receiver of the electronic signals) and other communications services carried over said system.

C. "Cable television system" or "cable system" means a system utilizing certain electronic and other components which deliver to subscribing members of the public various communications services.

D. "FCC" means Federal Communications Commission.

E. "Grantee" means Midcontinent Cable Systems Co. of South Dakota or anyone who succeeds Midcontinent Cable Systems Co. of South Dakota in accordance with the provisions of this chapter.

F. "Person" means any person, firm, partnership, association, corporation or organization of any kind and any other legally recognized entity.

G. "Subscribers" are those persons contracting to receive cable television reception services furnished under this chapter by the grantee.

(Ord. 8-88 § 2)

5.08.030 Grant of franchise.

A. There is granted by the city to the grantee, and to its successors, assigns or designees, the nonexclusive right to erect, maintain and operate in, under, over, along, across and upon the present and future streets, lanes, avenues, sidewalks, alleys, bridges, highways, easements dedicated for compatible uses and other public places in the city, and subsequent additions thereto, towers, poles, lines, cables, wires, manholes and all other fixtures and equipment necessary for the maintenance and operation in the city of a cable television system, for the purpose of transmission and distribution of audio, visual, electronic and electric impulses in order to furnish television and radio programs and various other communications services to the public by what is commonly called a community antenna television system, for a period of twenty-three years, commencing from and after the effective date of the ordinance codified in this chapter.

B. The right to use and occupy the streets, alleys, public ways and places for the purposes set forth in this section shall not be exclusive.

(Ord. 4-96 § 1; Ord. 8-88 § 3)

5.08.040 Power of city.

The grantee shall, during the term of the franchise set out in this chapter, except in those areas which have been preempted by the Cable Communications Policy Act of 1984 or other federal laws or which are regulated by the Federal Communications Commission, be subject to all lawful exercise of the regulating and police powers of the city.

(Ord. 8- 88 § 4)

5.08.050 Area of service.

This chapter relates to the present territorial limits of the city and to any area annexed thereto during the term of the franchise. The grantee shall not be required to service residents of newly annexed areas of the city that are beyond four hundred feet from existing distribution lines except upon payment by such residents of the capital costs incurred by the grantee in bringing service to such residents. The grantee may, but shall not be required to, serve areas or individual homes adjoining, but outside the city limits, that may be served from its existing facilities. The grantee may negotiate directly with such customers the amount to be charged for the bringing of the service to the customer.

(Ord. 8-88 § 5)

5.08.060 Insurance required– Indemnification of city.

A. The grantee shall, at all times, keep in effect the following types of insurance coverage:

1. Workmen's compensation upon its employees engaged in any manner in the installation or servicing of its plant and equipment within the city;

2. Property damage liability insurance to the extent of two hundred fifty thousand dollars as to each occurrence and two hundred fifty thousand dollars aggregate, and personal injury liability insurance to the extent of five hundred thousand dollars as to each occurrence and five hundred thousand dollars aggregate. Excess bodily injury and property damage of one million dollars each occurrence and one million dollars aggregate. Automobile bodily injury and property damage liability combined one million dollars each occurrence.

B. The grantee shall indemnify, protect, and save harmless the city from and against losses and physical damage to property and bodily injury or death to persons, including payments made under any workman's compensation law which may arise out of the erection, maintenance, presence, use or removal of said attachments or poles within the city, or by any act of grantee, its agents or employees. The grantee shall carry insurance in the amounts described in subsection A of this section to protect the parties to the franchise from and against all claims, demands, actions, judgments, costs, expenses and liabilities which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage. The grantee shall also carry such insurance as it deems necessary to protect it from all claims under the workmen's compensation laws in effect that may be applicable to grantee. All insurance required shall be and remain in full force and effect for the entire life of the rights granted under this chapter. Insurance certificates evidencing such insurance coverage shall be deposited with and kept on file by the city.

C. The damages or penalties referred to in this section shall include, but shall not be limited to, damages arising out of copyright, infringements, and all other damages arising out of the installation, operation, or maintenance of the Cable Television System authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter.

(Ord. 8-88 § 6)

5.08.070 Channel capacity– Color.

The facilities used by the grantee shall have a minimum capacity of thirty-five channels (three hundred megahertz). The facilities shall also be capable of distributing color television signals, and when the signals the grantee distributes are received in color, they shall be distributed in color where technically feasible.

(Ord. 8-88 § 7)

5.08.080 Technical standards.

The grantee shall be governed by technical standards established by the FCC.

(Ord. 8-88 § 8)

5.08.090 Service interruptions.

A. The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest possible time. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system.

B. All service requests and complaints should be responded to within twenty-four hours of receipt.

(Ord. 8-88 § 9)

5.08.100 Service to schools and city.

A. The grantee shall, subject to the line extension provisions of Section 5.08.050, provide basic cable service at no cost to public and parochial elementary and secondary schools within the city, at one terminal junction for educational purposes upon request of the school system. The grantee shall, subject to the line extension provisions of Section 5.08.050, also provide to the city without charge, at three city-owned buildings other than a hospital, nursing home, apartment or building at the airport, to be selected by the city council, one junction terminal to said building and shall also furnish to the building, without charge, basic service to all sets connected within such building to the terminal junction.

B. The grantee shall allocate one channel to the city as a public, educational or governmental access channel. Until such time as the city files a written request with grantee for full-time use of the channel, grantee shall have the right to use that portion of the channel capacity that is not being used by the city. Grantee shall have a reasonable period of time after notification to vacate its use of the channel. The grantee shall assist the city in obtaining the necessary licenses and frequency clearance to enable the city to use the channel.

(Ord. 8-88 § 10)

5.08.110 Emergency or disaster use of system.

In the case of any emergency or disaster, the grantee shall, upon request of the city council, make available its facilities to the city for emergency use during the emergency or disaster. If the city wishes to operate a civil emergency alert system on a plan that is mutually acceptable to the city and grantee and provides the grantee with the necessary equipment for such system, the grantee will permit the system to be used on the cable system.

(Ord. 8-88 § 11)

5.08.120 Safety requirements.

The grantee shall, at all times, employ ordinary care and shall use and maintain commonly accepted methods and devices for preventing failures and accidents which are likely to cause damages, injuries or nuisances to the public.

(Ord. 8-88 § 12)

5.08.130 Construction– Use of right-of-way.

A. All transmission and distribution structures, lines and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways and places, and the poles or towers shall be removed by the grantee whenever the city superintendent or engineer reasonably finds that the same restrict or obstruct the operation or location of any future streets or public places in the city.

B. Construction and maintenance of the transmission distribution system shall be in accordance with the provisions of the National Electrical Safety Code, prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, and such applicable ordinances and regulations of the city, affecting electrical installation, which may be presently in effect, or changed by future ordinances.

C. In case of disturbance of any street, sidewalk, alley, public way, or paved area, the grantee shall, at its own cost and expense and in manner approved by the city superintendent or engineer, replace and restore such street, sidewalk, alley, public way, or paved areas in as good a condition as before the work involving such disturbance was done. The grantee shall not be required to pay a fee for street openings.

D. If at any time during the period of the franchise the city shall lawfully elect to alter or change the grade of any street, sidewalk, alley, or other public way, the grantee, upon reasonable notice by the city, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

E. The grantee shall, on the request of any person holding a building moving permit issued by the city or any person who wishes to remove trees or structures from their property, temporarily raise or lower its wires to permit the moving of buildings or tree removal. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes.

F. The grantee shall have the authority to trim trees upon the overhanging streets, alleys, sidewalks and public ways and places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that at the option of the city, such trimming may be done by it or under its supervision and direction at the expense of the grantee.

G. The grantee shall, at its expense, protect, support, temporarily disconnect, relocate on the same street, alley or public place, or remove from the street, alley or public place, any property of grantee when required by the city by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other types of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or other structure of public improvement; provided, however, that grantee shall in all cases have the privileges and be subject to the obligations to abandon any property of grantee in place as provided.

H. In all sections of the city where the city designates an area where all presently above ground services are to be placed underground, the grantee shall place its wires underground on the same time schedule and on the same conditions that are applicable to the providing of other aboveground services in the designated areas.

(Ord. 8-88 § 13(1– 8))

5.08.140 Poles and other structures.

A. No poles or other wire-holding structures shall be erected by the grantee without prior approval of the designated representative of the city council with regard to locations, height, type or any other pertinent aspect, which approval shall not be unreasonably withheld. However, no locations of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the city council or its designated representative determines that the public convenience would be enhanced thereby.

B. Where poles or other wire-holding structures already existing in use in serving the city are available for use by grantee, but it does not make arrangements for such use, the city council may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.

C. Where the city or a public utility serving the city desires to make use of poles or other wire-holding structures of the grantee but agreement therefore with the grantee cannot be reached, the city council may require the grantee to permit such use for such consideration as is just and reasonable and upon such terms as the council determines the use would enhance the public convenience and would not unduly interfere with the grantee's operations.

(Ord. 8-88 § 18)

5.08.150 Disuse– Abandonment.

A. In the event that the use of any part of the system is discontinued for any reason for a continuous period of twelve months, or in the event such system or property has been installed in any street or public place without complying with the requirements of this chapter, or the rights granted under this chapter have been terminated, cancelled or have expired, the grantee shall, subject to the rights of the city to acquire or transfer the system as specified in Section 5.08.150, promptly remove from the streets, or public places all such property and poles of such system other than any which the city may permit to be abandoned in place. In the event of such removal, grantee shall promptly restore the street or other area from which such property has been removed to a condition reasonably satisfactory to the city.

B. Any property of grantee to be abandoned in place shall be abandoned in such a manner as the city may prescribe. Upon permanent abandonment of the property of grantee in place, it shall submit to the city an instrument to be approved by the city, transferring to the city the ownership of such property.

(Ord. 8-88 § 13(9, 10))

5.08.160 Subscriber service equipment.

All cable and passive equipment for cable television reception service installed by grantee at a subscriber's location shall remain the property of the grantee and the grantee shall have the right to remove the cable and equipment. Upon termination of service to any subscriber, the grantee shall promptly remove all its aboveground facilities and equipment from the premises of such subscriber upon his request.

(Ord. 8-88 § 14)

5.08.170 Transfer of franchise.

The grantee shall not assign the franchise to another person without prior approval of the city council, which approval shall not be unreasonably withheld.

(Ord. 8-88 § 15)

5.08.180 Term of franchise.

The rights granted to grantee herein shall, except as provided in this section, terminate twenty-three years from the effective date of the ordinance codified in this chapter, which shall be subject to renewal pursuant to the provisions of the Cable Communications Policy Act of 1984 applicable to new ordinances that are in the nature of a franchise. Pending final completion of renewal proceedings, the franchise shall remain in effect even if the original fifteen-year term has expired. If this franchise is not renewed or if it is revoked for cause by the city, the transfer of grantee's system shall be governed by Section 627 of the Cable Communications Policy Act of 1984. (Amended by Ord. 4-96 § 2)

5.08.190 Payment to city.

A. During the term of the rights granted under this chapter, and so long as the grantee operates the system, the grantee shall pay, as compensation to the city a sum equal to three percent of the annual total gross receipts of the cable system. "Gross receipts" shall consist of those revenues derived from the monthly service charges paid by subscribers for basic cable service and premium pay services, such as HBO. "Gross receipts" shall not include revenues received as installation charges, and fees for reconnections, inspections, repairs or modifications of any installation, and all state and federal taxes relating thereto.

B. The payments that grantee makes to the city shall be in lieu of any occupation tax, license tax, or similar levy by the city and shall be paid on a monthly basis based on the preceding year's gross subscriber revenues. Upon completion of grantee's audit, the grantee shall pay to the city within fifteen days, the balance due, if any, for the operating year covered by the audit.

C. This amount payable by the grantee to the city shall be the sole amount payable for all of its rights under this chapter including, but not limited to, the use of the streets and other facilities of the city in the operation of the cable system and for the municipal supervision thereof and shall be in lieu of any other occupational tax.

D. Notwithstanding the annual gross receipts fee or tax payable under this section, if the grantee is legally obligated to collect or pay any sales tax or other taxes, the grantee shall have the right to charge the subscribers an additional amount equal to such tax.

(Ord. 8-88 § 16)

5.08.200 Rates.

A. The grantee shall at all times maintain on file with the city auditor or clerk a schedule setting forth all rates and charges to be made to subscribers for basic CATV service, including installation charges.

B. During the term hereof, the city may regulate rates only if authorized to do so by Federal Communications Commission regulations and then such regulation shall only be in accordance with the provisions of such regulations. In the event that the city has authority to regulate rates, the following procedures shall be used:

1. Before making any changes in the rates and charges to subscribers for basic CATV service, grantee shall file in writing with the city auditor a new proposed rate change at least thirty days in advance of the proposed effective date for such rate change. If the city takes no action to set the proposed rate change for hearing, said proposed rate changes shall become effective upon the expiration of the thirty-day notice period.

2. If the council wishes to hold a hearing on the proposed rate increase, the hearing shall be held within forty-five days of the filing of the proposed rate increase by grantee. Following the hearing, the council shall take final action on the proposed increase within thirty days.

C. Any rate subject to regulation under the above provisions may be increased without the approval of the city, at the discretion of grantee by an amount not to exceed five percent per calendar year. In addition, the grantee shall have the right to pass along to subscribers state and local sales taxes, programming cost increases and copyright fee increases.

D. The monthly rate set forth in subsection A of this section shall be payable in advance.

E. The grantee shall not discriminate in rates between customers of the same category except to the extent permitted by the Cable Communications Policy Act of 1984 and Federal Communications Commission regulations.

(Ord. 8-88 § 19)

5.08.210 Complaints.

A. The grantee's legal, financial, technical and other qualifications, and the adequacy and feasibility of its construction arrangements, if any, have been approved by the council after consideration in a full public proceeding affording due process to all interested persons.

B. Complaints regarding the quality of service, equipment malfunctions and similar matters shall first be directed to grantee. Should grantee fail to satisfy a complaint, it may then be directed to the auditor or clerk for investigation. The complaining party and grantee shall be afforded a reasonable opportunity to present written statements of their position. The auditor or clerk shall attempt to resolve the complaints and, if this cannot be achieved, he shall submit a recommendation to the city council, which shall either (1) dismiss the complaint, or (2) specify corrective steps to be taken by grantee. Appeal from the council's action may be made to the appropriate judicial or administrative forum.

(Ord. 8-88 § 20)

5.08.220 Modification of FCC rules.

Any modification or amendment of the rules of the Federal Communications Commission shall, to the extent applicable, be considered a part of this chapter as of the effective date of such amendment, and shall be incorporated herein by specific amendments within one year from the effective date of the amendment or at the time of the Federal Communications Commission's amendment or at the time of renewal of the franchise, whichever occurs first.

(Ord. 8-88 § 21)

5.08.230 Modification of obligations.

In addition to any other remedies provided by law or regulation, grantee's obligations under this chapter may be modified, at its request, in accordance with Section 625 of Cable Communications Policy Act of 1984 as it exists as of the effective date of the ordinance codified in this chapter, or as thereafter amended.

(Ord. 8-88 § 22)

5.08.240 Unauthorized cable use.

It is unlawful for any person or persons to obtain any cable television reception service from the grantee, or any firm or private person, by installing, rearranging or tampering with any facilities or equipment of the grantee, unless the same is done with the prior permission of the grantee. Any person or persons found guilty of violation of any of the provisions of this section may be fined not more than one hundred dollars or by imprisonment not exceeding thirty days, or by both such fine and imprisonment.

(Ord. 8-88 § 23)

Chapter 5.12
AUCTIONEERS

Sections:

5.12.010 License– Required.

5.12.020 License– Fee.

5.12.030 Exemptions– Livestock and farm product sales.

5.12.040 Exemptions– Judicial sales.

5.12.010 License– Required.

It is unlawful for any person or persons to engage in the business or calling of an auctioneer within the city without first having procured a license so to do, the application for which license shall be made to the city council.

(Prior code § 7.0201)

5.12.020 License– Fee.

The fee for such license shall be twenty-five dollars annually.

(Prior code § 7.0202)

5.12.030 Exemptions– Livestock and farm product sales.

Nothing in this chapter in relation to auctions and auctioneers shall extend to any sale of livestock or farm products, or any sale of secondhand furniture by or for any person or persons who shall have actually used the same in this city.

(Prior code § 7.0203)

5.12.040 Exemptions– Judicial sales.

The provisions of this chapter shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers, or other public officers acting under judicial process, nor to the sale of real property at public auction.

(Prior code § 7.0204)

Chapter 5.16
AUCTION SALES

Sections:

5.16.010 Auction store defined.

5.16.020 License– Required.

5.16.030 License– Application– Contents.

5.16.040 Licensing authority.

5.16.050 License– Fee.

5.16.060 Bond requirements.

5.16.070 Finance officer's appointment as licensee's agent required.

5.16.080 License– Renewal.

5.16.090 Prohibited where.

5.16.100 Exemptions– Judicial sales.

5.16.110 Exemption– Occasional auction sales.

5.16.120 Violation– Penalty.

5.16.010 Auction store defined.

The term "auction store" includes any store, building or place where goods and merchandise of a kind usually sold at retail are offered for sale at public auction, and includes the sale at public auction of a stock of retail goods or part of a stock of retail goods purchased for the purpose of offering for sale at public auction.

(Prior code § 7.0302)

5.16.020 License– Required.

No person, firm or corporation shall conduct, or engage in the business of conducting an auction store or auction sale within the city without having first obtained a license to do so, as provided in this chapter, except auction sales exempted by Section 5.12.030.

(Prior code § 7.0301)

5.16.030 License– Application– Contents.

After payment of the requisite license fee to the finance officer, any person, firm or corporation desiring to conduct an auction store or auction sale, as defined in this chapter, shall make a verified application in writing to the finance officer of the city at least seven days prior to the date of conducting such sale. The form on which the application for license is made shall require the following information:

A. Name of applicant;

B. Residence and business address of the applicant;

C. The length of time for which the license is desired;

D. A statement as to whether or not the applicant holds, or has held a similar license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew such license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether such license, having been issued, has ever been revoked together with a full and accurate statement as to the reasons for any such revocation;

E. A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal ordinance, and, if so, the nature of the offense and the punishment or penalty assessed therefor;

F. The fingerprints of the applicant and the names of at least two reliable property owners of the county and state who will certify as to the applicant's good moral character and business responsibility, or in lieu of the names of references, any other available evidence as to the good moral character and business responsibility of the applicant as will enable an investigator to properly evaluate such moral character and business responsibility, except that in the event a license has been granted within one year prior to the date of the application by the city, this requirement may be waived;

G. Description of location where such business is to be conducted;

H. Description of the goods intended to be handled and sold sufficient to identify them; the date the goods were acquired; the name and address of the person from whom they were acquired; and the place from whence they were last moved;

I. Before issuing a license under this chapter to any individual, firm or corporation applying therefor, the licensing authority shall refer the application to the chief of police who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, including inquiry of the Federal Bureau of Investigation and the Investigation Division of the Office of the Attorney General of the state, except that in event a license has previously been issued by the city to such individual, firm or corporation, within one year the licensing authority may waive this requirement. The chief of police shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the licensing authority whether or not the moral character and business responsibility of the applicant is satisfactory;

J. That the applicant knows that the Uniform Commercial Code has been adopted by South Dakota. (See South Dakota Common Law Chapters 57A-1 to 57A-10.)

(Ord. 20-85; prior code § 7.0304)

5.16.040 Licensing authority.

The mayor of the city is the licensing authority, and shall have discretion whether or not to grant the license after considering the showing in applicant's behalf, and after making the investigation he deems necessary.

(Prior code § 7.0305)

5.16.050 License– Fee.

The fees for such auction store and auction sale shall be twenty-five dollars per day, or fifty dollars per week, or one hundred dollars per month.

(Prior code § 7.0306)

5.16.060 Bond requirements.

Every applicant for a license under this chapter shall file with the finance officer a surety bond running to the city in the penal sum of five hundred dollars with surety to be approved by the mayor and finance officer, conditioned that all merchandise sold shall be as represented, and that applicant will refund any money or purchase price paid on any merchandise which has been misrepresented. In lieu of the bond, applicant may deposit cash bond of equal amount. Any person misled or aggrieved by misrepresentations of any licensee hereunder shall have a right of action on the bond for the recovery of the amount of his or her damages. In the event a cash bond is deposited, the same shall be retained by the finance officer for a period of one hundred twenty days from the expiration of the license, and unless claim is made during that time, shall then be returned to licensee.

(Prior code § 7.0307)

5.16.070 Finance officer's appointment as licensee's agent required.

Before any license shall issue, there shall also be filed with the finance officer an instrument in writing, signed by the applicant under oath, nominating and appointing the finance officer his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of the applicant, and service of summons in any action brought upon the bond shall be deemed made when served upon the finance officer.

(Prior code § 7.0309)

5.16.080 License– Renewal.

In event any licensee desires to continue the business authorized under the license after the expiration date of such license, a new application shall be filed and the same procedure followed as for the initial license.

(Prior code § 7.0308)

5.16.090 Prohibited where.

It shall be unlawful to conduct an auction under this chapter on any of the streets, sidewalks or public property of the city.

(Prior code § 7.0310)

5.16.100 Exemptions– Judicial sales.

The provisions of this chapter shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process, nor to the sale of real property at public auction.

(Prior code § 7.0311)

5.16.110 Exemption– Occasional auction sales.

This chapter shall not apply to any person conducting an occasional auction sale at his place of business, employing a licensed auctioneer or auctioneers, and having a regularly established place of business in the city where goods and merchandise are sold at retail in the ordinary manner. The words "occasional auction sale" as used in this section shall be construed to mean auction sales continuing no longer than four days at a time and not more frequently held or conducted in the same store or place of business than once in every four months, or the sale at auction of a regular stock of goods at a regularly established place of business for the purpose of closing out the business or of disposing of goods damaged by fire. The words "having regularly established place of business where goods and merchandise are sold at retail in the ordinary manner," as used in this section, shall be construed to mean and include places of business in the city for at least four months immediately preceding such auction sale.

(Prior code § 7.0303)

5.16.120 Violation– Penalty.

Any person, firm or corporation who shall violate any of the provisions of this chapter shall upon conviction thereof, be fined in an amount of not less than fifteen dollars nor more than one hundred dollars or imprisoned in the city jail not longer than thirty days or both such fine and imprisonment, and each day during which any person, firm or corporation shall be engaged in business in violation of the provisions of this chapter shall be deemed and constituted a separate and distinct offense.

(Prior code § 7.0312)

Chapter 5.20
BOWLING ALLEYS AND POOL HALLS

Sections:

5.20.010 License– Required.

5.20.020 License– Application– Contents.

5.20.030 License– Application– Determination.

5.20.040 License– Fee.

5.20.050 License– Issuance– Display.

5.20.060 License– Revocation.

5.20.070 Windows to be unobstructed.

5.20.080 Inspection.

5.20.010 License– Required.

It is unlawful for any person, persons, firm or corporation to keep, maintain or operate any table for playing billiards, pool, or other similar games for hire or profit in any public billiard room, pool room, or other public place in the city, or to keep, maintain or operate any bowling alley for hire or profit within the city, without first having obtained a license so to do in the manner provided in this chapter and paying the license fee specified in this chapter, the application for such license shall be made to the city council.

(Prior code § 7.0501)

5.20.020 License– Application– Contents.

Any person, firm or corporation desiring to obtain a license to maintain or keep for hire or profit any table or tables for playing billiards, pool, or other similar game, in any public billiard room, pool room, or other public resort in the city; or desiring to keep, maintain or operate any bowling alley for profit within the city, shall file with the finance officer (after having paid the requisite fee to the finance officer) a written application specifying the number and kinds of tables for which a license is desired, or if for a bowling alley, the number of alleys to be used. The application shall also state the name of the person, firm or corporation, and if a firm or corporation, the names of the persons composing the same, giving the location at which the pool or billiard hall or tables, or bowling alleys are to be kept and operated and shall state in the application that the proprietor or person in charge shall be over the age of eighteen years.

(Ord. 26-85; prior code § 7.0503)

5.20.030 License– Application– Determination.

The finance officer shall present such application to the city council at the next regular meeting thereof. The city council may investigate the same and the proposed location, and also ascertain if in their judgment the person applying for the license is a suitable and proper person to maintain and operate a pool or billiard hall or tables, or bowling alley at such location, and if after due consideration and investigation the city council is satisfied that a pool or billiard hall, or tables, or bowling alley, should be kept and maintained at such location, and are satisfied that the party applying for the license or permit is a proper and suitable person to maintain a pool or billiard hall or tables, or bowling alley, at the location, the application for license shall be approved, and the finance officer be authorized to issue such license.

(Prior code § 7.0504)

5.20.040 License– Fee.

Any person, persons, firm or corporation keeping, operating or maintaining a pool hall, or any table for playing billiards, pool, or other similar games for hire or profit, or bowling alley, shall pay an annual license fee as follows:

A. Pool hall: For the purpose of conducting a pool or billiard hall or tables at such location, twenty-five dollars;

B. Bowling alley: Thirty-six dollars.

(Prior code § 7.0502)

5.20.050 License– Issuance– Display.

Upon the granting of such license by the city council, the finance officer shall, upon the payment of the fee to the finance officer, issue a license specifying the name of the licensee, the amount of the license paid, the number and kind of tables to be used, and if for a bowling alley, the number of alleys in the establishment, and the place where they are to be kept and maintained, which license shall at all times be posted in some conspicuous place in the billiard room, pool room, bowling alley, where such tables or alleys are located, and it is unlawful for any such licensee to keep, maintain or operate such tables or bowling alley without having such license so posted.

(Prior code § 7.0505)

5.20.060 License– Revocation.

Any person licensed under the provisions of this chapter who shall be convicted of violating the same or any part thereof shall forfeit his license and all rights thereunder. If at any time complaint is made in writing that that place so licensed is kept in a disorderly manner or in violation of this chapter, the mayor shall have power to direct the chief of police to close the place until the next meeting of the city council, and shall give notice to be served upon the keeper thereof to appear before the council at such meeting and show cause why his license should not be forfeited. The city council is authorized to revoke the license of any person who in the opinion of the city council conducts the business provided for here, in a disorderly manner or in violation of this title.

(Prior code § 7.0510)

5.20.070 Windows to be unobstructed.

It is unlawful for any person, having procured a license under this chapter, to permit the windows of such place of business to become filthy or to obstruct them with any signs or window decorations as to prevent a vision from the outside. It is unlawful to have curtains or shades at the windows either by night or day. Neither shall furniture or screens of any name or nature, wooden or otherwise, be kept before the doors or windows of their place of business, or in any place in the room, or rooms connected therewith in which the business shall be carried on; and for the purpose of this chapter, the word "screen" shall be construed to mean and include all partitions so built or constructed as to divide the apartment or room into two or more apartments or rooms so as to interfere with the free transmission of light from the front of the room where such business is carried on. This section shall not apply to places where the city council may have granted a license to operate above or below the ground or first floor of any building.

(Prior code § 7.0506)

5.20.080 Inspection.

It shall be the duty of the chief of police to visit all places licensed under this chapter at least twice a week and report any violation of this chapter to the mayor. For the purpose of such inspection he shall have the right to visit and examine all parts of the premises under the control of the party keeping such place.

(Prior code § 7.0509)

Chapter 5.24
CARNIVALS AND CIRCUSES

Sections:

5.24.010 License– Required.

5.24.020 License fee– Carnivals.

5.24.030 License fee– Circuses and menageries.

5.24.040 License fee– Shows, entertainments, etc.

5.24.050 Merry-go-rounds, shooting galleries, etc.– License required– Fee.

5.24.010 License– Required.

It is unlawful for any person or persons owning, managing or operating any circus, menageries, wild west show, sideshow, carnival or other exhibition in the city without first having procured a license so to do in the manner in this title provided, and paying to the finance officer the license fee hereinafter specified in this chapter, which application for such license shall be made to the city council according to the procedure set forth in Chapter 5.04 of this code.

(Prior code § 7.0601)

5.24.020 License fee– Carnivals.

For carnivals or other exhibitions given under canvas, where separate admission is charged for different exhibitions, the license fee shall be five dollars for each exhibition for which separate admission is charged. For the purpose of this section and Sections 5.24.030 and 5.24.040 a "separate admission" will be deemed to be admission fee charged for any exhibition given in a tent or other enclosure, but under the same management. If a general admission fee is charged admitting to all exhibitions, the license fee shall be the same as for circuses.

(Prior code § 7.0602(2))

5.24.030 License fee– Circuses and menageries.

For circuses and menageries, the license fee shall be forty dollars per day for parading and showing, or for either. Menageries not accompanying any circus shall pay forty dollars per day. Each sideshow accompanying any circus or menagerie, for which a separate admission is charged shall pay five dollars per day.

(Prior code § 7.0602(1))

5.24.040 License fee– Shows, entertainments, etc.

For all shows, entertainments, exhibitions or performances, not otherwise specified, and given for reward or profit in any place other than in a public hall or building the license fee shall be five dollars per day; provided, that no license shall be required for any lecture or exhibition of a purely literary or scientific character, nor for any concert or entertainment given for charity or for public benefit.

(Prior code § 7.0602(3))

5.24.050 Merry-go-rounds, shooting galleries, etc.– License required– Fee.

All persons operating or conducting a merry-go-round, shooting gallery, Ferris wheel, or other device within the city shall obtain a license according to the procedure in Chapter 5.04 of this code, and shall pay a license fee of two dollars and fifty cents per day, ten dollars per week or thirty-five dollars per month.

(Prior code § 7.0603)

Chapter 5.28
CARD ROOMS

Sections:

5.28.010 License– Required.

5.28.020 License– Procedure for obtaining.

5.28.030 License– Fee.

5.28.040 Hours– Regulations.

5.28.050 Inspection authority– License revocation.

5.28.060 Exceptions.

5.28.010 License– Required.

It is unlawful for any person, firm or corporation, within the limits of the city to keep, maintain, operate or furnish, or to allow any premises owned or controlled by him to be used for the purpose of keeping, maintaining, operating or furnishing, for profit or for public use, any tables, stands, benches or boards for the playing of cards in such premises without having first secured from the city council a license therefor.

(Prior code § 7.0701)

5.28.020 License– Procedure for obtaining.

The procedure for obtaining a license shall be as set forth in Chapter 5.04 of this code.

(Prior code § 7.0702)

5.28.030 License– Fee.

The annual license fee is twenty-five dollars.

(Prior code § 7.0703)

5.28.040 Hours– Regulations.

A. All places licensed under this chapter shall be closed from two p.m. to seven a.m., and no such place shall be opened at any hour on Sunday.

B. No keeper or employee of such place shall allow any intoxicating liquor to be used on the premises, except alcoholic beverages for which a valid license may have been issued for the premises and to the same person who holds the license under this chapter.

C. No keeper of such place, or employee thereof, shall allow any gambling upon the premises, nor the use of any chips, coupons or tokens to be issued or used as the result of any game played therein.

D. No minor under the age of eighteen years shall be allowed to loiter in such premises nor to play any game therein, unless accompanied by his parent or legal guardian.

E. No loud, boisterous or disorderly conduct shall be permitted in such place, and the same shall be kept in a clean, orderly and sanitary manner.

F. The view through the window of such premises shall be completely unobstructed, either by curtains, advertising, window glazing, or other obstruction whatsoever; provided, however, that this provision shall not apply to places where the city council may have granted a license to operate above or below the ground or first floor of any building or in a rear room of any established business.

(Ord. 19-85; prior code § 7.0704)

5.28.050 Inspection authority– License revocation.

All peace officers of the city shall have the right, and it shall be their duty, to enter and inspect such premises at any time and if the same is not kept in orderly and lawful condition, it shall be the duty of such officer to report the facts to the mayor; whereupon the mayor may order such place closed and the same shall remain closed until a hearing, proceedings thereunder and revocation of the license for such premises shall be conducted as provided in Section 5.20.060 of the chapter pertaining to bowling alleys and pool halls.

(Prior code § 7.0705)

5.28.060 Exceptions.

This chapter shall not apply to, nor shall any license be required of pool halls or billiard halls duly licensed by the city, where card tables are kept and the license fees have been paid for the same period as required for bowling alleys and pool halls, provided they are on the same premises and under the same management.

(Prior code § 7.0706)

Chapter 5.32
INTOXICATING LIQUORS

Sections:

Article I. Generally

5.32.010 Definitions.

5.32.020 Sale– License required.

5.32.030 Conduct of business.

5.32.040 Violation– Penalty.

Article II. On-sale and Off-sale Licenses

5.32.050 Purpose.

5.32.060 Classification.

5.32.070 Number issued.

5.32.080 Sunday license.

Article I.
Generally

5.32.010 Definitions.

A. The definition of terms set forth in SDCL Chapter 35-1-1, are adopted by the city and incorporated herein by reference and terms used in this article unless the context otherwise plainly requires, mean the same as therein defined.

B. It is the intention of this chapter that every holder of license to sell alcoholic beverages shall be governed by all the laws, rules and regulations issued pursuant to SDCL Title 35, Alcoholic Beverages, and contained in this chapter.

(Ord. 11-90 part: prior code § 7.1002)

5.32.020 Sale– License required.

It is unlawful for any person, firm or corporation to sell, exchange, barter, distribute or keep for sale any alcoholic beverages, as defined in this chapter, in the city, without having obtained a license therefor, pursuant to the provisions of SDCL Title 35, Alcoholic Beverages.

(Ord. 11-90 (part): prior code § 7.1001)

5.32.030 Conduct of business.

The provisions of South Dakota Compiled Laws, Chapter 35-4, are by reference made a part of this section and, in addition thereto, licensees under this chapter shall be subject to the following restrictions:

A. Every on-sale dealer shall flash the lights of his place of business at one-thirty a.m. each weekday as a warning that within fifteen minutes his place of business will close. At two a.m. each "on-sale" dealer shall clear his premises of customers and patrons and shall lock all doors to the premises and shall turn out all lights therein except such night light as is approved by the city council. The night light shall burn from two a.m. until daylight of the following day. The on-sale dealer and his employees, except not more than two caretakers, shall leave the place of business or premises, after closing his place of business as aforesaid, at two a.m. on Saturday night and shall keep the same closed and locked until seven a.m. on the following Monday morning, the intention of this section being that the premises shall be vacant during that period, except for caretakers.

B. No off-sale licensee shall sell, or allow to be sold, alcoholic beverages between the hours of twelve p.m. and seven a.m. of the following day, or on Sunday, Memorial Day or Christmas Day.

C. No on-sale licensee shall sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages, between the hours of two a.m. and seven a.m. or on Sunday after two a.m. and before eleven a.m., or on Memorial Day after one a.m., or at any time on Christmas Day.

D. The city council, upon the complaint of any officer of the state, county or city, shall issue an order directing any licensee within the city to show cause before the city council at any time within ten days and after notice of not less than six days, why his license should not be canceled and if, after hearing on such order, the city council determines that there is reasonable grounds for the cancellation of the license, the city council shall cancel such license; provided, however, that if the licensee appeals, as provided in South Dakota Compiled Laws, Sections 35-2-10 through 35-2-21, a stay shall be permitted.

(Ord. 12-02; Ord. 11-90 (part): Ord. 22-85; Ord. 5-85; Ord. 18-77; Ord. 307, 1963; prior code § 7.1003)

5.32.040 Violation– Penalty.

Any person, firm or corporation violating any of the provisions of this article shall upon conviction thereof be punished by a fine of not less than ten dollars and not more than one hundred dollars, or by imprisonment in the city jail not exceeding thirty days, or by both such fine and imprisonment. Whenever any person, as clerk, servant, agent or employee, violates this article, he is deemed guilty as a principal and shall be punished as provided in this section.

(Ord. 11-90 (part): prior code § 7.1004)

Article II.
On-sale and Off-sale Licenses

5.32.050 Purpose.

The purpose of this article is to implement the provisions of South Dakota Compiled Laws, Title 35, and to provide for the classification of on-sale alcoholic beverage establishments, package dealers and malt beverage dealers, and the regulation thereof, including the fees to be charged for such classification.

(Ord. 11-90 (part): Ord. 13-71 § 1)

5.32.060 Classification.

The following classifications and fees are established for on-sale dealers (the sale of any alcoholic beverage for consumption only upon the premises where sold) and package dealers (sells or keeps for sale, any alcoholic beverage for consumption off the premises where sold other than distiller, manufacturer or wholesaler) and malt beverage dealers.

A. On-sale Dealers:

1. Club: a private facility, with or without food service, owned and operated by a fraternal or benevolent organization for the use of its members and not open to the public generally. The fee is four hundred twenty-five dollars.

2. All other on-sale licenses, the fee is eight hundred twenty-five dollars.

3. For a Sunday sales on-sale license, issued pursuant to SDCL 35-4-2.1, the fee shall be one hundred fifty dollars.

B. Package Dealer. The fee shall be two hundred fifty dollars.

C. Malt beverage dealers, being both package dealers and on-sale dealers of malt beverages, the fee shall be two hundred fifty dollars.

D. Malt beverage package dealer, being a retail package dealer of malt beverage, the fee shall be one hundred fifty dollars.

(Ord. 11-90 (part): Ord. 2-87; Ord. 13-71 § 2)

5.32.070 Number issued.

There shall be issued within the municipality not to exceed five on-sale and four off-sale licenses.

(Ord. 5-98: Ord. 11-90 (part): Ord. 4-73: Ord. 13-71 § 3)

5.32.080 Sunday license.

Sunday sales on-sale license holders, issued pursuant to SDCL 35-4-2.1, in addition to conditions of the license, shall be required to obtain a license to maintain a food service established pursuant to SDCL 34-18-9 and 34-18-10.

(Ord. 4-92)

Chapter 5.36
JUNK DEALERS

Sections:

5.36.010 Junk dealer defined.

5.36.020 License– Required.

5.36.030 Operation of junk yards without license declared a nuisance.

5.36.040 License– Application– Contents.

5.36.050 License– Fees.

5.36.060 License– Application– Action by licensing authority.

5.36.070 License– Revocation.

5.36.080 Purchases– Recordkeeping requirements.

5.36.090 Reports to police department.

5.36.100 Restrictions.

5.36.110 Purchasing junk from minors.

5.36.130 Licenses issued prior to effective date of chapter.

5.36.010 Junk dealer defined.

The term "junk dealer," as used in this chapter, means any person or persons, firm or corporation who is engaged in business as a dealer or trader in junk, old metals, rags, wastepaper, old iron, brass, copper, tin, empty bottles, junked automobiles or parts thereof or other articles or things from which its worn condition renders it useless for the purpose for which it is made, or is engaged in whole or in part in the business of purchasing, processing and selling used automobiles and motor vehicles and other machinery which are brought to his place of business and cut and sorted in accordance with their metallic content and sold, or commonly known as salvage operations.

(Prior code § 7.1101)

5.36.020 License– Required.

Every person, or persons, firm or corporation who is engaged in the business of junk dealing shall before engaging in such business obtain a license so to do as hereinafter provided.

(Prior code § 7.1102)

5.36.030 Operation of junk yards without license declared a nuisance.

The operation of a junk yard without having procured the license provided for in this chapter is declared to be a nuisance and may be abated as provided by law.

(Prior code § 7.1111)

5.36.040 License– Application– Contents.

Any person, persons, association, firm or corporation desiring to procure a license as herein provided shall file an application upon a blank prepared and furnished by the city, and the procedure set forth in Chapter 5.04 of this code shall be followed. In addition to the information required by Section 5.04.050, the applicant shall furnish the following information:

A. The character of the business, described in detail, in which it is desired to engage and kind of materials it is desired to collect, buy, sell or otherwise deal in;

B. The length of time the applicant or applicants has or have resided in the city, their places of previous employment, whether married or single, whether he or they or any of them have been convicted of a felony or misdemeanor, and if so, what offense, when, and in what court;

C. The premises where the business is to be located or carried on. Such description to be given by street and number in case of a building and in case such business is carried on wholly or in part on a vacant lot or lots, the lot and block number shall be given together with the exact dimensions of the space to be occupied in any manner in the conduct of such business;

D. Such other information as may be required by the city council;

E. That such application shall contain the consent and agreement by the applicant that any license granted such applicant may be revoked by the city council at any time without notice or hearing upon violation by the holder of the license of any of the provisions of this chapter or any other ordinance of the city or statute of the state.

(Prior code § 7.1103)

5.36.050 License– Fees.

Every junk dealer, as defined in Section 5.36.010, shall pay an annual license fee of twenty-five dollars for each established place of business. All license fees shall accompany the application for license and in case of the refusal of such license by the city council, the license fee shall be returned to the applicant. All licenses shall be issued as of January 1st of each year and shall continue in force until December 31st next succeeding the date of the issuance unless sooner revoked by the city council.

(Prior code § 7.1104)

5.36.060 License– Application– Action by licensing authority.

Action by the city council shall be as provided in Section 5.04.060; provided further, that no applicant to whom a license has been refused shall make further application until a period of at least twelve months shall have elapsed since the last previous rejection, unless he can show that the reason for the rejection no longer exists.

(Prior code § 7.1105)

5.36.070 License– Revocation.

The city council may at any time, for such cause, if it upon investigation deems sufficient, revoke any license granted under the provisions of this chapter without any hearing or notice to the holder of such license and whenever such license shall be revoked, no refund of any unearned portion of the license fee shall be served by the city council upon the persons, firm, association or corporation named in the application either by personal service or by mailing the same to the address given in the application and filing a copy of such with the finance officer.

(Prior code § 7.1106)

5.36.080 Purchases– Recordkeeping requirements.

Every junk dealer shall keep in such form as the chief of police shall prescribe, and written in ink or indelible pencil, a daily record of all articles purchased, the name, residence, age and occupation of the person from whom such article was purchased and the name of the employer of such person, also the day and hour of such purchase and the price paid. The records shall at all reasonable times, be open to the inspection of the chief of police or any police officer, or any person duly authorized in writing by the chief of police. No entry in such records shall be changed, erased, obliterated or defaced.

(Prior code § 7.1107)

5.36.090 Reports to police department.

Every junk dealer, upon being served with written notice so to do by a member of the police department, shall report to the chief of police a description of all goods, articles or things purchased or received by him in the course of business of a junk dealer at such time and during such period of time specified in the notice stating the amount paid for and the name, residence and general description of the person from whom such goods, articles or things were received.

(Prior code § 7.1108)

5.36.100 Restrictions.

A. The handling, storing and keeping of old bones of any description whatsoever is hereby prohibited by any person within the city, and handling, storing and keeping such bones is declared to be a nuisance and the violation of this section by the holder of any license granted under the provisions of the ordinance codified in this chapter, shall be sufficient cause for the revocation of the license in addition to the penalties hereinafter prescribed to the terms of the ordinance codified in this chapter.

B. No junk dealer shall carry on the business at or from any other place than the premises designated and described in the application and license and all junk of all kinds and description shall be kept wholly within the boundaries of such premises.

C. It is unlawful for any junk dealer to burn old cars or other refuse on the premises covered by the license or at any other place within the city, unless he first procure a permit from the chief of the fire department, who shall first determine whether such burning will endanger other property, and if he grant such permit may make the same subject to whatever restrictions he deems necessary.

D. The wrecking and dismantling of old cars for the purpose of junking the bodies and securing old parts, shall be done wholly inside the buildings occupied by said junk dealer or within the enclosure hereinafter provided for and shall not in any event be done upon the highways or streets of the city or outside the premises described in the application and license.

E. In all cases where the business of a junk dealer is to be conducted on a vacant lot or lots or in a partially enclosed structure, no license shall be granted by the city council until the applicant shall have enclosed it properly with a properly painted tight board fence at least ten feet high and erected in such a manner to obliterate the premises from view, which fence shall, at all times, be properly maintained and kept in regular repair by the licensee. Such junk dealer shall be allowed thirty days after the effective date of this ordinance in which to erect such fence or fences as herein provided for.

(Prior code § 7.1109)

5.36.110 Purchasing junk from minors.

It is unlawful for any person, or persons, firm or corporation, to purchase or receive from any person under the age of eighteen years, any article, goods or thing commonly known and classed as junk, any bottle, pipe or pipe fittings, lead, iron or brass, tools, or implements, or any goods, or wares of a secondhand character, or any rubber, overshoes, boots, or rubber goods of any nature, either second hand or new, without the written consent of such minor's parents or guardian, which writing shall be kept by such person or persons, firm or corporation, and be subject to the inspection of any police officer of the city.

(Prior code § 7.1110)

5.36.130 Licenses issued prior to effective date of chapter.

All junk dealers licenses issued prior to the effective date of the ordinance codified in this chapter shall continue in force until December 31st, following the effective date of the ordinance codified in this chapter, but all such licenses shall be subject to the provisions of this chapter.

(Prior code § 7.1112)

Chapter 5.44
PAWNBROKERS

Sections:

5.44.010 Pawnbroker defined.

5.44.020 License– Required.

5.44.030 License– Application.

5.44.040 License– Fee.

5.44.050 License– Issuance.

5.44.060 License– Revocation.

5.44.070 Purchases– Recordkeeping requirements.

5.44.080 Reports to police department.

5.44.010 Pawnbroker defined.

"Pawnbroker" means any person or persons, firm or corporation licensed to lend money at interest on personal property left with them as security.

(Ord. 5-84 § 1)

5.44.020 License– Required.

Every person or persons, firm or corporation who is engaged in the business as a pawnbroker shall, before engaging in such business, obtain a license from the city.

(Ord. 5-84 § 2)

5.44.030 License– Application.

Any person or persons, firm or corporation deciding to procure a license as provided in this chapter shall file with the city finance officer a written application upon a blank form prepared and furnished by the city.

(Ord. 5-84 § 3)

5.44.040 License– Fee.

Every pawnbroker, as defined in Section 5.44.010, shall pay an annual license fee of twenty-five dollars.

(Ord. 5-84 § 4)

5.44.050 License– Issuance.

Upon filing of the application, together with the necessary license fee, as provided in Section 5.44.040, the governing body, if they deem such applicant a fit person to engage in such business, shall by majority vote grant such license thereupon such license shall be issued by the city finance officer in the manner as provided for the issuance of other licenses in the city.

(Ord. 5-84 § 4)

5.44.060 License– Revocation.

The governing body may at any time, for such cause, if it upon investigation deems sufficient, revoke any license granted under the provisions of this chapter without any hearing or notice by the holder of such license and whenever such license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reasons shall be served by the governing body upon each person or persons, firm or corporation named in the application either by personal service or by mailing the same to the address given in the application.

(Ord. 5-84 § 6)

5.44.070 Purchases– Recordkeeping requirements.

Every pawnbroker shall keep in such form as the chief of police shall prescribe, and written in ink or indelible pencil a daily record of all articles purchased, the name, residence, age and occupation of the person from whom each article was purchased and the name of the employer of such person, also, the day and hour of purchase and the price paid. The records shall at all reasonable times be open to inspection by the chief of police or any police officer, or any person duly authorized in writing by the chief of police. No entry in such records shall be changed, erased, obliterated or defaced.

(Ord. 5-84 § 7)

5.44.080 Reports to police department.

Every pawnbroker, upon being served with written notice so to do by a member of the police department shall report to the chief a description of all goods, articles or things purchased or received by him in the course of business of a pawnshop at such time and during such period of time specified in notice, stating the amount paid for and the name, residence and general description of the person from whom such goods, articles or things were received.

(Ord. 5-84 § 8)

Chapter 5.48
PEDDLERS, SOLICITORS AND CANVASSERS

Sections:

5.48.010 Definitions.

5.48.020 License– Required.

5.48.030 License– Application– Contents.

5.48.040 Licensing authority designated.

5.48.050 License– Fees.

5.48.060 Bond requirement.

5.48.070 Finance officer's appointment as licensee's agent required.

5.48.080 License– Display.

5.48.090 License– Transfer.

5.48.100 License– Expiration.

5.48.110 License– Renewal.

5.48.120 License– Revocation.

5.48.130 License– Suspension.

5.48.140 Appeals.

5.48.150 Use of loud noises and speaking devices.

5.48.160 Use of streets.

5.48.170 Enforcement– Police officer's duty.

5.48.180 Violations– Police officer's duty to report– Recordkeeping requirements

5.48.010 Definitions.

A. As used in this chapter, the following words shall be defined as follows:

1. "Canvasser" or "solicitor" means any individual, whether resident of the city of Redfield or not, traveling, either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, taking subscriptions to periodicals, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses, or occupies any building structure, tent, railroad box car, hotel room, lodging house, apartment, shop, trailer, or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

2. "Peddler" means and includes any person, whether a resident of the city of Redfield or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter. The word "peddler" includes the words "hawker" and "huckster."

3. "Person" means and includes the singular and the plural and shall also mean and include any person, firm or corporation, association, club copartnership or society, or any other organization.

B. Exceptions. This section shall not include any person retailing goods, wares or merchandise which can be shown to be his or her manufacture or production, or farm produce raised within the state by such person.

(Prior code § 7.1202)

5.48.020 License– Required.

It is unlawful for any person to engage in the business of peddler, solicitor, or canvasser as defined in Section 5.48.010 within the corporate limits of the city without first obtaining a license therefor as provided in this chapter.

(Prior code § 7.1201)

5.48.030 License– Application– Contents.

After payment of the requisite license fee to the finance officer, any person desiring to obtain a license under the provisions of this chapter, shall make and file with the finance officer a sworn application in writing (in duplicate) on a form furnished by the finance officer, which shall give the following information:

A. Name and description of applicant;

B. Address (legal and local);

C. A brief description of the nature of the business and the goods to be sold; services to be rendered; if goods, wares and merchandise are to be sold, whether of the seller's own manufacture; and in the case of products of farm or orchard, whether grown or produced by the applicant;

D. If employed, the name and address of the employer, together with the credentials establishing the exact relationship;

E. The length of time for which the right to do business is desired;

F. If a vehicle is to be used, a description of the same, together with the license number or other means of identification;

G. If requested by licensing authority, a photograph of the applicant taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

H. The fingerprints of the applicant and the names of at least two reliable property owners of the county and state who will certify as to the applicant's good moral character and business responsibility, or in lieu of the names of references, any other available evidence as to the good moral character and business responsibility of the applicant as will enable an investigator to properly evaluate such moral character and business responsibility, except that in event a license has been granted within one year prior to the date of the application, by the city, this requirement may be waived;

I. Names of other towns or cities in the state where applicant has had a similar license in the past year;

J. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense, the punishment or penalty assessed, and the name of the court, and the town or city;

K. Applicant shall file with his application a statement by a reputable physician of the city, dated not more than ten days prior to submission of the application, certifying the applicant to be free of infectious, contagious, or communicable disease;

L. A statement that the applicant knows that the Uniform Commercial Code is in force in the state and agrees to comply with its provisions;

M. Before issuing a license under this chapter to any person applying therefor, the licensing authority shall refer the application to the chief of police who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, including inquiry of the Federal Bureau of Investigation and the Investigation Division of the Office of the Attorney General of the state, except that in event applicant has received a like license from the city within one year last past, the licensing authority may waive this requirement. The chief of police shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the licensing authority whether or not the moral character and business responsibility of the applicant is satisfactory.

(Ord. 17-85; prior code § 7.1203)

5.48.040 Licensing authority designated.

The mayor of the city is the licensing authority, and shall have discretion whether or not to grant the license after considering the showing in applicants' behalf, and after making the investigation he deems necessary.

(Prior code § 7.1204)

5.48.050 License– Fees.

A. The license fee shall consist of a basic fee of twenty-five dollars to defray the cost to the city of processing the application and investigatory expense; and in addition thereto a license fee of twenty-five dollars per day shall be paid by the applicant, for himself, and a like fee for each additional employee or assistant.

B. None of the license fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the mayor for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license fee. The applicant shall by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the mayor may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The mayor shall then conduct an investigation, comparing applicant's business with other business of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this chapter is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed: In fixing the fee to be charged the mayor shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by subsection A of this section. Should the mayor determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit either at the time of termination of applicant's business in the city or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor; provided, that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in subsection A of this section.

(Ord. 6-83; prior code § 7.1205)

5.48.060 Bond requirement.

Every applicant, not a resident of the city, or who being a resident of the city, represents a firm whose principal place of business is located outside the state, shall file with the finance officer, a surety bond, running to the city in the amount of one thousand dollars with surety acceptable to and approved by the mayor, conditioned that the applicant shall comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating and concerning the business of peddler, solicitor or canvasser and guaranteeing to any citizen of Redfield that all money paid as a down payment will be accounted for and applied according to the representations made, and further guaranteeing to any citizen of Redfield that all money paid as a down payment will be accounted for and applied according to the representations made, and further guaranteeing to any citizen of the city doing business with such licensee, that the property purchased will be delivered according to the representation of the licensee; that all merchandise sold and delivered shall be as represented and that he will refund any money or deposit on any merchandise which is not as represented. Action on such bond may be brought in the name of the city to the use or benefit of the aggrieved person.

(Prior code § 7.1206)

5.48.070 Finance officer's appointment as licensee's agent required.

Before any license shall issue, there shall also be filed with the finance officer, an instrument in writing, signed by the applicant under oath, nominating and appointing the finance officer his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of the applicant, and service of summons in any action brought upon the bond shall be deemed made when served upon the finance officer.

(Prior code § 7.1208)

5.48.080 License– Display.

Any person licensed under this chapter is required to exhibit his license at the request of any citizen.

(Prior code § 7.1210)

5.48.090 License– Transfer.

No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.

(Prior code § 7.1216)

5.48.100 License– Expiration.

All annual licenses issued under the provisions of this chapter shall expire on the thirty-first day of December in the year when issued. Other than annual licenses shall expire on the date specified in such license.

(Prior code § 7.1218)

5.48.110 License– Renewal.

In event any licensee desires to continue the business authorized under the license after the expiration date of such license, a new application shall be filed and the same procedure followed as for the initial license.

(Prior code § 7.1207)

5.48.120 License– Revocation.

A. Licenses issued under the provisions of this chapter may be revoked by the mayor of the city after notice and hearing, for any of the following causes:

1. Fraud, misrepresentation, or false statement contained in the application for license;

2. Fraud, misrepresentation or false statement made in the course of carrying on his business under the license;

3. Any violation of this chapter;

4. Conviction of any crime or misdemeanor involving moral turpitude;

5. Conducting the business of peddling, soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.

(Prior code § 7.1213)

5.48.130 License– Suspension.

Upon written complaint being made to the mayor of any of the grounds for revocation set forth in Section 5.48.120, and upon his determination that the health, welfare and safety of the citizens of the city requires it, he may order immediate suspension of the license, and the licensee shall not engage in the business authorized unless upon hearing such license is not revoked.

(Prior code § 7.1215)

5.48.140 Appeals.

Any person aggrieved by the action of the finance officer or the mayor in the denial of an application for permit or license as provided in Section 5.48.030, or in the decision with reference to the revocation of a license as provided in Section 5.48.120, shall have the right of appeal to the city council of the city. Such appeal shall be taken by filing with the city council, within fourteen days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. Service of such appeal shall be made on the finance officer. The city council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 5.48.120 for notice of hearing on revocation. The decision and order of the council on such appeal shall be final and conclusive.

(Prior code § 7.1214)

5.48.150 Use of loud noises and speaking devices.

No licensee, nor any person in his behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such licensee proposes to sell.

(Prior code § 7.1217)

5.48.160 Use of streets.

No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location upon the public streets, alleys or public grounds of the city, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

(Prior code § 7.1209)

5.48.170 Enforcement– Police officer's duty.

It shall be the duty of any police officer of the city to require any person seen peddling, soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of the ordinance codified in this chapter against any person found to be violating the same.

(Prior code § 7.1211)

5.48.180 Violations– Police officer's duty to report– Recordkeeping requirements.

The chief of police shall report to the finance officer all convictions for violation of this chapter and the finance officer shall maintain a record for each license issued and record the reports of violation thereon.

(Prior code § 7.1212)

Chapter 5.52
SHOWS, AMUSEMENTS AND THEATERS

Sections:

5.52.010 Theaters– License required.

5.52.020 Theaters– License fee.

5.52.030 Theatricals– License required.

5.52.040 Theatricals– License fee.

5.52.010 Theaters– License required.

It is unlawful for any person, persons, firm or corporation to operate or conduct any opera house, theater or motion picture show theater within the city without first having procured a license so to do. Application for such license shall be made and processed according to the provisions of Chapter 5.04 of this code.

(Prior code § 7.1401)

5.52.020 Theaters– License fee.

The initial license fee for a theater shall be twenty-five dollars the first year, and may be renewed from year to year for an annual fee of five dollars.

(Prior code § 7.1403(1))

5.52.030 Theatricals– License required.

It is unlawful for any person, persons, firm or corporation to give, manage, conduct or operate any theatrical, exhibition, opera, motion picture show, exhibition of legerdemain, wax figures, statuary, paintings, minstrels or other public exhibitions of a similar nature for reward or profit within the city, which is not performed, given or exhibited within a regular licensed opera house, theater, or moving picture show theater, without first having procured a license so to do, as is herein provided, and having paid the fee hereinafter specified in Section 5.52.040; provided, that no license shall be required for any lecture or exhibition of a purely literary or scientific character, or for any concert or other public entertainment given by amateurs for charity uses or benefits. Application for such license shall be made and processed according to the provisions of Chapter 5.04 of this code.

(Prior code § 7.1402)

5.52.040 Theatricals– License fee.

The license fee shall be five dollars per day.

(Prior code § 7.1403(2))

Chapter 5.56
TAXICABS

Sections:

5.56.010 Taxicab defined.

5.56.020 License– Required.

5.56.030 License– Application– Contents.

5.56.040 License– Fee.

5.56.050 Proof of necessity required.

5.56.060 Insurance and bond requirements.

5.56.070 License– Revocation.

5.56.080 Violation– Penalty.

5.56.010 Taxicab defined.

The term "taxicab" as used in this chapter means any motor vehicle used and operated for the conveyance of passengers for hire in the city of Redfield.

(Prior code § 7.1602)

5.56.020 License– Required.

No person, firm or corporation shall operate a taxicab or motor bus or delivery vehicle for hire within the city without first having obtained from the city council a license therefor and complied with all provisions of this chapter.

(Prior code § 7.1601)

5.56.030 License– Application– Contents.

Any person, firm or corporation desiring a license for a taxicab shall make a written application therefor to the city council upon blanks furnished by the city finance officer, and in compliance with Chapter 5.04 of this code. In addition to the information required by Chapter 5.04 of this code, the application shall contain the make, model, and year of manufacture of the vehicle, the South Dakota license number and the engine and factory number of the same. A separate license shall be required for each vehicle.

(Prior code § 7.1603)

5.56.040 License– Fee.

The annual fee for a taxicab license shall be one dollar and shall accompany the application.

(Prior code § 7.1604)

5.56.050 Proof of necessity required.

Except in cases where the application involves renewal of an existing license wherein public convenience and necessity has been heretofore established as hereinafter required (provided, however, that as to existing licenses on the effective date of this chapter, it shall not be necessary to show public convenience and necessity) all applications for taxicab or motor bus licenses shall be set for public hearing before the city council. Prior to the date of such hearing, notice shall be given in the official newspaper of the city once each week, for two successive weeks, of the time and place of such hearing, the nature of the application and the fact that anyone interested may be heard. Such notice shall be given by the city finance officer, but shall be published at the expense of the applicant. The finance officer may require a deposit to recover costs of such publication. The application for license shall not be granted unless after a full and fair hearing, the city council shall find that the present existing public transportation service is inadequate, that public convenience and necessity require additional transportation service, and that the applicant is fit, willing, and able to perform the proposed service.

(Prior code § 7.1605)

5.56.060 Insurance and bond requirements.

A. Before a taxicab license is granted, or a preexisting license is renewed, the applicant shall file with the city finance officer a certificate or policy of insurance issued by a responsible insurer, covering the vehicles to be operated by applicant, providing public liability insurance in amounts not less than those called out in SDCL 32-35-70. Such coverage shall be continuing, notwithstanding any recovery or settlement thereunder.

B. The policy or certificate shall specify:

1. That the insurer shall be responsible for all liability of the applicant arising from the use of any motor vehicle as a part of applicant's for hire fleet in the city even though such vehicle is not described in the policy or certificate of insurance;

2. That violation of any of the provisions of the policy or certificate shall not relieve the insurer from liability thereunder to any third party claimant against applicant, including cases where applicant becomes bankrupt or insolvent; and

3. That the policy or certificate shall not be modified or cancelled without ten days actual notice to the city finance officer.

C. In lieu of the policy, or certificate of insurance herein provided for, applicant may furnish corporate surety bond, issued by a surety company authorized to do business in the state, if it meets the foregoing requirements.

The policy, certificate of insurance or bond shall be approved by the city council prior to issuance of the license.

(Ord. 3-91; prior code § 7.1606)

5.56.070 License– Revocation.

The city council may revoke any license issued under the provisions of this chapter upon proof that the licensee has violated any provisions hereof.

(Prior code § 7.1607)

5.56.080 Violation– Penalty.

Any person, firm or corporation violating or failing to comply with any of the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding one hundred dollars, or by imprisonment and, in addition, the operator's or driver's city license may be suspended for a period of time not exceeding thirty days, except in cases of reckless driving or drunken driving when the suspension may be for a period not exceeding one year.

(Prior code § 7.1608)

Chapter 5.60
TRANSIENT MERCHANTS

Sections:

5.60.010 Definitions.

5.60.020 License– Required.

5.60.030 New business operators– Required statement.

5.60.040 License– Application– Contents.

5.60.050 Licensing authority.

5.60.060 License– Application– Investigation– Issuance.

5.60.070 License– Fee.

5.60.080 Bond requirements.

5.60.090 Finance officer's appointment as licensee's agent required.

5.60.100 License– Display.

5.60.110 License– Transfer.

5.60.120 License– Expiration.

5.60.130 License– Revocation.

5.60.140 Appeals.

5.60.150 Loud noises and speaking devices.

5.60.160 Records to be kept.

5.60.170 Enforcement– Police officers duty.

5.60.010 Definitions.

For the purposes of this chapter a "transient merchant," "itinerant merchant" or "itinerant vendor" is defined as any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who in furtherance of such purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car, public room in hotels, lodging houses, apartments, shops, or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise; provided, that this definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, or merchant, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, or merchant. Provided further, that this section shall not be construed to include those persons who are required to obtain a license to conduct a transient retail business for the sale of such goods as are specified in South Dakota Compiled Laws Section 37.12.13 through 37.12.15, nor to such transient merchants, traders or dealers, as are required by the laws of the state to obtain licenses as peddlers.

(Prior code § 7.1702)

5.60.020 License– Required.

It shall be unlawful for a transient merchant, itinerant merchant or itinerant vendor as defined in Section 5.60.010 to engage in, do or transact any business in the sale of goods, wares and merchandise, at wholesale or retail, in the city without having obtained a license therefor as provided by South Dakota Compiled Laws Chapter 37.12 as amended, from the county auditor, and payment of fees to the county auditor as provided in the chapter, and also without having obtained a license for such purpose from the city finance officer of the city in compliance with the provisions of this chapter.

(Prior code § 7.1701)

5.60.030 New business operators– Required statement.

Any person who has not complied with the provisions of this chapter relating to transient merchants, before opening a new place of business for sale of goods in the city, shall file with the city finance officer a verified statement containing all the information required in the application for a transient merchant's license, and the statement that the business is to be operated as a permanent business and not as a temporary business. The failure to file such statement shall subject any merchant upon opening a new place of business to all of the provisions and penalties of this chapter relating to transient merchants until he shall have continued the business at the place for six months.

(Prior code § 7.1703)

5.60.040 License– Application– Contents.

After payment of the requisite license fee to the city finance officer, any person desiring to obtain a license under the provisions of this chapter, shall make and file with the city finance officer a sworn application in writing (in duplicate) on a form furnished by the city finance officer, which shall give the following information:

A. Name and description of applicant. (If a partnership, the names of all members, and if a corporation, the names of the officers.);

B. The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the city; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act, (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated;

C. The fingerprints of the person or persons having the management or supervision of applicant's business or in lieu thereof, at least three letters of recommendation from reliable property owners in the county, certifying as to the applicant's good character and business responsibility, or other evidence which establishes to the satisfaction of the mayor the good character and business responsibility of such person or persons;

D. The place or places in the city where it is proposed to carry on applicant's business, and the length of time during which it is proposed that the business shall be conducted;

E. The place or places, other than the permanent place of business of the applicant where applicant within the six months next preceding the date of the application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted.

F. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the city, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time the application is filed;

G. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the city finance officer, copies of all the advertising whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to the application as exhibits thereto;

H. Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of the offense and the punishment assessed therefor;

I. Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative; and

J. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the city finance officer may deem proper to fulfill the purpose of the ordinance codified in this chapter in the protection of the public good.

(Prior code § 7.1704)

5.60.050 Licensing authority.

The mayor of the city is the licensing authority and shall have discretion whether or not to grant the license after considering the showing in applicant's behalf, and after making the investigation he deems necessary.

(Prior code § 7.1705)

5.60.060 License– Application– Investigation– Issuance.

Upon receipt of such application, the mayor shall cause such investigation of such person's or persons' business responsibility or moral character to be made as he deems necessary to the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the mayor shall so certify in writing, and a license shall be issued by the city finance officer. The city finance officer shall keep a full record in his office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license, and the name or names of the person or persons authorized to carry on the same.

(Prior code § 7.1706)

5.60.070 License– Fee.

Licensees under this chapter shall pay a fee of twenty-five dollars per day. No refund shall be made of any license fee so paid.

(Ord. 4-83: prior code § 7.1710)

5.60.080 Bond requirements.

Before any license, as provided by this chapter, shall be issued for engaging in a transient or itinerant business as defined in Section 5.60.010 in the city, such applicant shall file with the city finance officer a bond running to the city in the sum of one thousand dollars executed by the applicant, as principal, and a surety company licensed to do business in South Dakota; the bond to be approved by the mayor, conditioned that the applicant shall comply fully with all of the provisions of the ordinances of the city and the statutes of the state, regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against the applicant for any violation of the ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether such misrepresentations or deceptions were made or practiced by the owners or by their servants, agents, or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Action on the bond may be brought in the name of the city to the use of the aggrieved person.

(Prior code § 7.1707)

5.60.090 Finance officer's appointment as licensee's agent required.

Before any license as herein provided shall be issued for engaging in business as an itinerant merchant as herein defined, in the city, such applicant shall file with the city finance officer an instrument nominating and appointing the city finance officer, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service of process for and on behalf of the applicant in respect to any matters connected with or arising out of the business transacted under the license and the bond given as required by Section 5.60.080, or for the performance of the conditions of the bond or for any breach thereof, which the instrument shall also contain recitals to the effect that the applicant for the license consents and agrees that service of any notice or process may be made upon the agent, and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for the license under this chapter, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgement of service or manner of service. Immediately upon service of process upon the city finance officer, as herein provided, the city finance officer shall send to the licensee at his last known address, by registered mail, a copy of the process.

(Prior code § 7.1708)

5.60.100 License– Display.

The license issued under this chapter shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for the license shall desire to do business in more than one place within the city, separate licenses may be issued for each place of business, and shall be posted conspicuously in each place of business.

(Prior code § 7.1709)

5.60.110 License– Transfer.

No license shall be transferred without written consent from the mayor as evidenced by an endorsement on the face of the license, showing to whom the license is transferred and the date of the transfer. A transfer fee of one dollar shall be charged. The transferee shall make application as provided in Section 5.60.040 and the same procedure shall be followed as for an original application.

(Prior code § 7.1711)

5.60.120 License– Expiration.

Licenses shall expire on the date noted thereon, unless renewed.

(Prior code § 7.1717)

5.60.130 License– Revocation.

A. Licenses issued pursuant to this chapter may be revoked by the mayor of the city, after notice and hearing, for any of the following causes:

1. Any fraud, misrepresentation or false statement contained in the application for license;

2. Any fraud, misrepresentation or false statement made in connection with the selling of goods, ware or merchandise;

3. Any violation of this chapter;

4. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;

5. Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B. Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint, and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his last known address at least five days prior to the date set for the hearing.

(Prior code § 7.1715)

5.60.140 Appeals.

Any person aggrieved by the decision of the mayor in regard to the denial of application for license as provided for in Section 5.60.060 of this chapter or in connection with the revocation of a license as provided for in Section 5.60.130, shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city finance officer within fourteen days after notice of the decision by the mayor has been mailed to such person's last known address, a written statement setting forth the grounds of the appeal. The council shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Section 5.60.130 for notice of hearing on revocation. The order of the city council on such appeal shall be final.

(Prior code § 7.1716)

5.60.150 Loud noises and speaking devices.

No licensee under this chapter, nor anyone in his behalf shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.

(Prior code § 7.1712)

5.60.160 Records to be kept.

The city finance officer shall deposit the record of fingerprints of licensee, together with the license number with the chief of police; the chief of police shall report to the city finance officer any complaints against any person licensed under the provisions of this chapter and any conviction for violation of this chapter; the city finance officer shall keep a record of all such licenses and of such complaints and violations.

(Prior code § 7.1714)

5.60.170 Enforcement– Police officers duty.

It shall be the duty of the police officers of the city to examine all places of business and persons in their respective territories subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this chapter against any person found to be violating the same.

(Prior code § 7.1713)

Chapter 5.64
TRANSIENT PHOTOGRAPHERS

Sections:

5.64.010 Definitions.

5.64.020 License– Required.

5.64.030 License– Application.

5.64.040 Licensing authority.

5.64.050 License– Fee– Designated.

5.64.060 License– Fee– Adjustment.

5.64.070 Bond requirements.

5.64.080 Finance officer's appointment as licensee's agent required.

5.64.090 License– Display.

5.64.100 License– Transfer.

5.64.110 License– Expiration.

5.64.120 License– Renewal.

5.64.130 License– Revocation.

5.64.140 License– Suspension.

5.64.150 Appeals.

5.64.160 Orders to be in taken in writing.

5.64.170 Records to be kept.

5.64.180 Enforcement– Police officers duty.

5.64.010 Definitions.

The following words are defined as follows:

A. "Canvasser" and "solicitor" means and includes any person who goes from house to house or from place to place in the city of Redfield, selling or taking orders for or offering to sell or take orders for photographs pictures of enlargements thereof for future delivery.

B. "Transient" and "itinerant" means and includes all persons, both principals and agents, who engage in and conduct within this city, either in on locality, or from house to house and place to place, a temporary or transient business of photography, with the intention of continuing in such business in any one place for a period of not more than six months. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader or merchant.

(Prior code § 7.1802)

5.64.020 License– Required.

It is unlawful for any person, firm or corporation to engage in the business of a transient or itinerant photographer, canvasser or solicitor of photographs or pictures or enlargements sold or delivered or for the transaction of any business in connection therewith, within the city without first obtaining a license therefor in compliance with the provisions of this chapter.

(Prior code § 7.1801)

5.64.030 License– Application.

After payment of the requisite fee to the city finance officer, any person desiring to obtain a license under the provisions of this chapter, shall make and file with the city finance officer a sworn application in writing (in duplicate) on a form furnished by the city finance officer, which shall give the following information:

A. Name and description of applicant;

B. Address (legal and local);

C. A brief description of the nature of the business to be conducted and services to be rendered, and merchandise to be sold;

D. If employed, the name and address of the employer, together with credentials establishing the exact relationship;

E. The length of time for which the right to do business is desired;

F. If a vehicle is to be used, a description of the same, together with the license number or other means of identification;

G. If requested by the licensing authority, a photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;

H. The fingerprints of the applicant and the names of at least two reliable property owners of the county and state who will certify as to the applicant's good moral character and business responsibility, or in lieu of the names of references, any other available evidence as to the good moral character and business responsibility, except that in event a license has been granted within one year prior to the date of the application by the city, this requirement may be waived;

I. Names of other towns or cities in the state where applicant has had a similar license in the past year;

J. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense, the punishment or penalty assessed, and the name of the court and the town or city;

K. Applicant shall file with his application a statement by a reputable physician of the city, dated not more than ten days prior to submission of the application, certifying the applicant to be free of infectious, contagious or communicable disease;

L. A statement that the applicant knows that the Uniform Sales Act is in force in the state and agrees to comply with its provisions;

M. The date when applicant desires to be authorized to engage in such business, which shall be at least seven days subsequent to filing the application;

N. Before issuing a license under this chapter to any person applying therefor, the licensing authority shall refer the application to the chief of police who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, including inquiry of the Federal Bureau of Investigation and the Investigation Division of the Office of the Attorney General of the state, except that in event applicant has received a like license from the city within one year last past, the licensing authority may waive this requirement. The chief of police shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the licensing authority whether or not the moral character and financial responsibility of the applicant is satisfactory.

(Prior code § 7.1803)

5.64.040 Licensing authority.

The mayor of the city is the licensing authority, and shall have discretion whether or not to grant the license after considering the showing in applicant's behalf, and after making the investigation he deems necessary; provided, however, that no license shall be authorized until at least seven days after the filing of the application, it being considered that much time is necessary to make the investigation required.

(Prior code § 7.1804)

5.64.050 License– Fee– Designated.

The license fee to engage in the business covered by this chapter shall be give dollars per engagement, which said engagement shall not exceed three days. The annual license fee shall be fifteen dollars. The annual license fee shall be issued on a calendar year basis beginning January 1st of each year. The holder of an annual license shall not be required to pay the five dollar per engagement fee.

(Ord. 337, 1968: prior code § 7.1805)

5.64.060 License– Fee– Adjustment.

None of the license fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the mayor for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the mayor may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The mayor shall then conduct an investigation, comparing applicant's business with other business of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this chapter is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant an amount that is fair, reasonable and non-discriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged the mayor shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Section 5.64.050. Should the mayor determine the gross sales measure of the fee to be the fair basis, he may require the applicant's business in the city or at the end of each three-month period a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the maximum aggregate license fee computed per diem.

(Prior code § 7.1806)

5.64.070 Bond requirements.

Every applicant, not a resident of the city, or who being a resident of the city, represents a firm whose principal place of business is located outside the state, shall file with the city finance officer a surety bond, running to the city in the amount of one thousand dollars, with surety acceptable to and approved by the mayor, conditioned that the applicant shall comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating such business, and guaranteeing to any citizen of Redfield that all money paid as a down payment will be accounted for and applied according to the representations made, and further guaranteeing to any citizen of the city doing business with such licensee, that the pictures, photographs or enlargements taken or for which orders are taken, shall be as represented and delivered according to the representation of such licensee; that all such photographs, pictures, enlargements, etc. sold and delivered shall be as represented and that he will refund any money or purchase on any items which are not as represented. Action on such bond may be brought in the name of the city to the use or benefit of the aggrieved person.

(Prior code § 7.1807)

5.64.080 Finance officer's appointment as licensee's agent required.

Before any license shall issue, there shall also be filed with the city finance officer, an instrument in writing, signed by the applicant under oath, nominating and appointing the city finance officer his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of the applicant, and service of summons in any action brought upon the bond shall be deemed made when served upon the city finance officer.

(Prior code § 7.1809)

5.64.090 License– Display.

Any person licensed under this chapter is required to exhibit his license at the request of any citizen.

(Prior code § 7.1811)

5.64.100 License– Transfer.

No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.

(Prior code § 7.1817)

5.64.110 License– Expiration.

All licenses issued under the provisions of this chapter expire on the date specified on such license.

(Prior code § 7.1818)

5.64.120 License– Renewal.

In event any licensee desires to continue the business authorized under the license after the expiration date of such license, a new application shall be filed and the same procedure followed as for the initial license.

(Prior code § 7.1808)

5.64.130 License– Revocation.

A. Licenses issued under the provisions of this chapter may be revoked by the mayor of the city after notice and hearing, for any of the following causes:

1. Fraud, misrepresentation, or false statement contained in the application for license;

2. Fraud, misrepresentation or false statement made in the course of carrying on his business under the license;

3. Any violation of this chapter;

4. Conviction of any crime, or misdemeanor involving moral turpitude;

5. Conducting the business licensed hereunder in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid to the licensee at his last known address at least five days prior to the date set for hearing.

(Prior code § 7.1814)

5.64.140 License– Suspension.

Upon complaint being made to the mayor of any of the grounds for revocation set forth in Section 5.64.130, and upon his determination that the health, welfare and safety of the citizens of the city requires it, he shall order immediate suspension of the license, and such licensee shall not engage in the business authorized unless upon hearing such license is not revoked.

(Prior code § 7.1816)

5.64.150 Appeals.

Any person aggrieved by the action of the city finance officer, or the mayor in the denial of an application for permit or license as provided in Section 5.64.040, or in the decision with reference to the revocation of a license as provided in Section 5.64.130, shall have the right of appeal to the city council of the city. Such appeal shall be taken by filing with the city council, within fourteen days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. Service of such appeal shall be made on the city finance officer. The city council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 5.64.130 for notice of hearing on revocation. The decision and order of the council on such appeal shall be final and conclusive.

(Prior code § 7.1815)

5.64.160 Orders to be in taken in writing.

All orders taken by any licensee under the provisions of this chapter shall be in writing, and in duplicate, stating fully the terms thereof, together with the amount paid in advance, if any, and the balance remaining due, and one copy of the order shall be delivered to the purchaser at the time the order is taken.

(Prior code § 7.1810)

5.64.170 Records to be kept.

The chief of police shall report to the city finance officer all convictions for violation of this chapter and the city finance officer shall maintain a record for each license issued and record the reports of violation thereon.

(Prior code § 7.1813)

5.64.180 Enforcement– Police officers duty.

It shall be the duty of any police officer of the city to require any person seen soliciting canvassing or engaging in the business of transient photographer, and who is not known by such officer to be duly licensed, to produce his license, and to enforce the provisions of this chapter against any person found to be violating the same.

(Prior code § 7.1812)

Chapter 5.68
TRUCKING AND DRAYING

Sections:

5.68.010 License– Required.

5.68.020 License– Application.

5.68.030 License– Fee.

5.68.040 Bond requirements.

5.68.010 License– Required.

No person shall convey, transport or haul by dray, truck or other vehicle, goods, wares or merchandise, or other articles or things for hire from place to place within the city without first obtaining a license as provided in this chapter.

(Prior code § 7.2001)

5.68.020 License– Application.

Any person, firm or corporation desiring a license for a dray or truck shall make written application therefor to the city council upon blanks furnished by the city finance officer, and in compliance with Chapter 5.04 of this code. In addition to the information required by Chapter 5.04 of this code the application shall contain the make, model and year of manufacture of the vehicle, the South Dakota license number and the engine and factory number of the same. This information is required for each vehicle to be used by licensee.

(Prior code § 7.2002)

5.68.030 License– Fee.

The license fee shall be five dollars per annum for one dray, truck or other vehicle used for such purpose and three dollars per annum for each additional dray, truck or vehicle.

(Prior code § 7.2003)

5.68.040 Bond requirements.

Before a dray or truck license is granted, or any preexisting license renewed, applicant shall file with the city finance officer a bond to the city, with sufficient sureties, to be approved by the city council, in the penal sum of five hundred dollars conditioned that such person, his agents or employees shall faithfully and truly account for all property entrusted to him for carriage or transportation, and that he will pay all damages that may be incurred by any person by reason of negligent operation of any vehicle used in the business. Action on such bond may be brought in the name of the city to the use or benefit of the aggrieved person.

(Prior code § 7.2004)

Chapter 5.70
VIDEO LOTTERY MACHINE LICENSE FEES

Sections:

5.70.010 License– Fee.

5.70.010 License– Fee.

There is imposed on any person who is licensed pursuant to SDCL 35-4-2(4), (12), or (16) and who is issued a video lottery establishment license pursuant to SDCL 42-7A-41 an annual license fee for the privilege of locating video lottery machines on the licensed premises. The fee for each video lottery machine is set at an amount of fifty dollars and shall be payable at the same time as the alcoholic beverage license fees.

(Ord. 7-03)