TITLE 4 -- LICENSES
Chapter 4.01 - General Provisions
Chapter 4.02 - Transient Merchants, Peddlers, Solicitors
Chapter 4.03 - Alcoholic Beverages
CHAPTER 4.01 - GENERAL PROVISIONS
4.01.01 Licenses Required. It shall be unlawful for any person, persons, firm or corporation to engage in any activity for which a license is required without first having obtained such license, as hereinafter provided. The City Council may at any time expand the general provisions of this Chapter by requiring any person, persons, firm or corporation engaging in any trade, business or occupation within the City which is not specified by this ordinance to obtain a license, as deemed necessary.
4.01.02 Application for License. Any person, persons, firm or corporation wishing to obtain a license as herein provided, shall make written application to the City Council stating the name of the applicant, address, purpose of the activity, the length of time for which said license is wanted, and the particular place at which said license is to be used. The City Council shall establish all license fees not specified in this Chapter, and all license fees shall be paid at the time of application.
4.01.03 License Expiration. Any annual licenses granted under the provisions of this Chapter shall expire on the 31st day of December next following the granting thereof, except as otherwise provided, and shall not be granted for any sum less than the annual rate, and there shall be no rebate made on the termination of said calling, vocation, or kind of business for which said license was issued.
4.01.04 Revocation. The City Council shall have the authority at any time to suspend or revoke any license granted under this Chapter whenever said Council shall be satisfied upon written complaint that such calling, vocation, or kind of business for which said license has been issued, has been made or conducted in an improper or illegal manner, and in case of such revocation, the City Council may refund to the holder of such license such proportionate amount of money paid therefore as said Council shall deem just.
4.01.05 Issuance of License. Except as otherwise provided, all licenses shall be issued by the Finance Officer after issuance of the license has been approved by the City Council and the applicant shall have complied with all requirements for issuance of such license. Unless otherwise provided, all licenses shall be signed by the Finance Officer and shall have affixed thereto the official seal of the City.
4.01.06 Record of Licenses. The Finance Officer shall keep a record of all licenses issued by the City stating when and to whom issued, for what purpose and for what length of time, the amount of money paid for said license, and the place where such activity is to be carried on. (SDCL 9-34-1)
CHAPTER 4.02 - TRANSIENT MERCHANTS, PEDDLERS, SOLICITORS
4.02.01 Definitions. For the purpose of this Chapter, a transient or itinerant merchant is any person, firm, corporation, partnership, association, or agent thereof transacting a temporary business where goods other than goods produced by him are exposed for wholesale or retail sale at any place in this state. A temporary business is one established for temporary operation only. A business operated more than 6 months in one place by the same person shall be deemed a permanent business, but one commenced and discontinued within 6 months thereafter shall prima facie be presumed a temporary business, and its operator a transient merchant. Any resident of the City shall be exempt from the provisions of ordinances outlined in this Chapter.
A peddler is a person engaged in the selling of personal property or services to include, but not limited to spraying, trimming or pruning of trees and shrubs, painting or repairing buildings, and pest or rodent control by going about from place to place, highway or street parking, or house to house either in person or by telephone to sell the same and who carries with him such property for delivery at time of sale or performs such service at the time of contract for such service or immediately thereafter.
A solicitor is a person engaged in going from place to place, highway or street parking, or house to house either in person or by telephone to solicit orders for, or to offer to sell, personal property for future delivery.
4.02.02 Merchant License Required. Every transient or itinerant merchant shall pay to the City a license fee of $25.00 per day that said transient merchant or itinerant merchant shall conduct said business licensed under this Chapter. Said license fee shall be payable in advance, and the license issued under this Chapter shall be posted conspicuously in the place of business named therein. The provisions of this section shall not apply to merchants at a City-sponsored event or activity. Merchants shall exhibit their license at the request of any citizen. (SDCL 9-34-7)
4.02.03 Peddler or Solicitor License Required.
It shall be unlawful for any person to be engaged in the business of peddler or
solicitor within the City without first obtaining a license therefore as
provided herein. The fee for such license shall be $25.00 per day payable in
advance, provided that no fees shall be required of one selling products
actually produced by the seller. Peddlers following a regular, recurring sales
route may apply for an annual license. The fee for such annual license shall be
$50.00. Peddlers and solicitors shall exhibit their license at the request of
any citizen. (SDCL 9-34-8)
4.02.04 Application for License. Applicants for license under this Chapter whether a person, firm or corporation shall file a written, sworn application signed by the applicant if any individual or by a partner if a partnership or by an officer if a corporation, with the Finance Officer showing:
A. The name or names of the applicant for license;
B. The name or names of the person having management or supervision of applicant's business during the time it is proposed that it will be carried on in the City and the permanent address, and addresses of such person, the capacity in which such person will act, whether proprietor, agent or otherwise;
C. The place or places in the City where it is proposed to carry on applicant's business and the length of time it is proposed that said business shall be conducted;
D. A statement of the nature and character and quality of the goods, wares and merchandise to be sold or offered for sale by applicant whether the same are proposed to be sold from stock in possession or by sample, at auction by direct sale or 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 said application is filed;
E. At least three references as to the integrity of the applicant;
F. Proof of possession of a valid State of South Dakota sales tax license.
4.02.05 Surety Bond. With an application pursuant to Section 4.02.04, a transient or itinerant merchant, peddler, or solicitor must also file with the Finance Officer a bond running to the City to be approved by the City Council in the sum of $1,000.00 conditioned for the payment of any license fees to become due the City should the merchant, peddler, or solicitor continue operation beyond any time for which he paid. Also, said bond is conditioned that the merchant, peddler, or solicitor shall comply fully with all ordinances of the City and statutes of the State of South Dakota regulating and concerning the sale of goods, wares and merchandise. The City Council may accept alternative financial instruments which provide the required financial responsibility coverage.
4.02.06 Revocation of License. Any license issued hereunder may be revoked, after notice and hearing, for any of the following causes:
A. Fraud, misrepresentation or false statements contained in the license application;
B. Fraud, misrepresentation or false statements made in the course of carrying on the business as a transient or itinerant merchant, peddler, or solicitor hereunder;
C. Any violation of this Chapter;
D. Conviction of any crime or misdemeanor involving moral turpitude;
E. 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.
4.02.07 Approval of License. Any person seeking to obtain a license under this Chapter shall have obtained all required county and state permits, completed an application for license, filed a bond or other financial responsibility instrument, and paid to the Finance Officer the required license fee. The Finance Officer shall then furnish the applicant a receipt designating the location of business and kind of activity applied for. Upon presentation of said receipt to the City, the City Council at its discretion if it deems the applicant a suitable and proper person to have such license, shall approve such license and direct the Mayor to sign the receipt. Said receipt when signed shall be deemed a good and sufficient license. If the Council does not grant said license, the applicant shall be informed of the same and the Finance Officer shall thereupon refund the amount of the license paid and the applicant's receipt shall be the Finance Officer's voucher for the money refunded.
4.02.08 Appeal. Any person aggrieved by the decision of the City Council in regard to the revocation of license or denial of application for license as provided in Sections 4.02.06 and 4.02.07 of this Chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the Finance Officer within 10 days after notice of the decision of the Council, a written statement showing the grounds for the appeal. The Finance Officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to such person in writing setting forth the grounds of the complaint and the time and place of the hearing. This notice shall be mailed or delivered personally to the licensee/applicant at least 5 days prior to the hearing date.
4.02.09 Penalty. Any person violating any provision of this Chapter shall be guilty of a misdemeanor. Each day in violation shall be deemed a separate offense.
4.02.10 Exceptions. Nothing in this Chapter shall extend to any sale of livestock or farm products, or any second hand furniture or household goods by, or for any person who shall have actually used the same in the City, or to any sale of goods, wares, or merchandise by public officers in the pursuance of legal process, or to goods, wares, or merchandise sold by nonprofit enterprises exempt from South Dakota sales tax provisions. (SDCL 9-34-1)
CHAPTER 4.03 - ALCOHOLIC BEVERAGES
4.03.01 License Required. No person shall sell, offer for sale, keep for sale, exchange, distill, manufacture, produce, bottle, blend, or otherwise concoct, within the City any alcoholic beverage as defined by statute, without having a license therefore as required by South Dakota Laws. (SDCL 9-29-7)
4.03.02 Application and License Fees. In any instances in which applications may qualify, applications for licenses for the sale of alcoholic beverages in the City shall be submitted as prescribed by South Dakota Laws. (SDCL 35-4-2)
4.03.03 License Restrictions. Applications for on sale or off sale licenses shall have the necessary fees attached upon being submitted to the City as required by the South Dakota Laws, and the granting and retention of licenses will be as provided by the South Dakota Laws, and local regulations. (SDCL 35-10)
4.03.04 Limiting the Number of Liquor Licenses to be Authorized Annually. The City Council shall not authorize or approve applications for liquor or malt beverage licenses in excess of the number and classes of license permitted by South Dakota law. This ordinance shall not impair the power of the City Council to issue a special malt beverage retailer's license to civic, charitable, educational or fraternal organizations in conjunction with special events within the municipality, as such license is defined by SDCL 35-4-11.4. Nor shall this ordinance restrict the authority of the City Council to give prior authorization for persons to consume or blend alcoholic beverages, but not to engage in the sale thereof, in or upon property described by the City Council, which property is publicly owned, or owned by a non-profit corporation, as such authority is defined by SDCL 35-1-5.3. Nor shall this ordinance impair or restrict the power of the city of Canistota to apply for or possess an off sale license issued to a municipality under the local option, as defined by SDCL 35-4-2(5), or to make application for or possess an on-sale license, or both. The fees to be charged for the various classifications of licenses shall be those fees designated by SDCL 35-4-2.
4.03.05 Location of Business. The City Council shall not issue any licenses to any person, business or group where the location of such a business would not be considered desirable in accordance with South Dakota Law and local regulations. (SDCL 35-2-6.1, SDCL 35-2-6.2)
4.03.06 Penalty. Any person, firm, or licensee violating any provision of this Chapter shall be guilty of a misdemeanor. For failure to correct any offense when applicable, after conviction, each day of failure to do so shall constitute an additional separate offense. Any person acting as agent or employee of any other person or establishment violating any provision of this Chapter shall also be guilty of a misdemeanor. Failure to comply with all existing requirements, including the provisions in this Chapter, shall provide cause for revocation of any licenses granted under the provisions of South Dakota Laws. (SDCL 35-2-10)