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CHAPTER 6
Article 1 – Alcoholic
Beverages
Section
6.1.01
Construction and Definition of Terms For the
purposes of this Article, all of the terms used herein are defined as they are
defined in SDCL Title 35.
Section
6.1.02
Required License No person
shall engage in business as a distiller, wholesaler, package dealer, a club,
dining car company, a transportation company, or solicitor of intoxicating
liquor until he shall have procured a license covering the class of business
operation to be engaged in by him within the City, except as provided by law.
Section
6.1.03
Number of Licenses There shall
be issued within the municipality not to exceed eight (8) on-sale and five (5) off-sale licenses. All club licenses shall be counted as on-sale licenses for
purpose of limitation of the number of licenses.
Section
6.1.04
Classifications and Fees The following
classifications and fees are established for on and off-sale dealers in
distilled spirits, wines, and malt beverages other than low point beer: A.
The on-sale yearly license fee for private club and public facilities
shall be eight hundred (800) dollars;
B.
The off-sale yearly license fee for the sale of alcoholic beverages,
other than malt beverages, shall be four hundred (400) dollars; and
C.
An additional fee of two hundred (200) dollars shall be charged to each
licensee granted a licensee to sell alcoholic beverages on Sunday.
Section
6.1.05
Location of Applicant's Business No Class D,
E, or F license, as defined by law, shall be approved by the Council for the
issuance of a license where the applicant's place of business is within one
hundred (100) yards, measured by the regular and usual path of travel, of any
door or exit of any now existing school or church.
Section
6.1.06
License Removal No licenses
under any class shall remove from one location to another within the corporate
limits of the City in which the license was originally issued without permission
of the Council.
Section
6.1.07
Refilling Container It shall be
unlawful, within the City, to refill any container of intoxicating liquor.
Section
6.1.08
Empty Bottles or Containers No person
shall be permitted, within the City, to buy or sell any empty bottles or
containers of intoxicating liquor.
Section
6.1.09
No Deliveries of Liquor No package
dealer as defined by law shall be permitted, within the City, to make any
deliveries of intoxicating liquor outside of his place of business.
Section
6.1.10
Possession in a Public Place No person
shall be permitted to have an unsealed original package in his possession in a
public place within the City. Provided,
however, that this shall not apply to an on sale dealer who shall have unsealed
packages with proper stamps on his premises from which to serve his customers;
and provided, further, that for the purpose of this provision a hospital or
sanitarium shall not be considered to be a public place and patients in said
hospital or sanitarium may have unsealed original packages.
No person
shall have in his possession in the City any intoxicating liquor on which the
tax has not been paid nor without having the same in a container upon which the
stamps evidencing the payment of the tax as hereinbefore provided are securely
affixed. This Section shall not
apply to intoxicating liquor in the possession of a Class A or Class B License,
or to intoxicating liquor which has been sold by a Class A Licensee for export
in interstate commerce outside of this state and which intoxicating liquor is in
the course of transit out of this state.
No licensee
of any class within the City shall sell any intoxicating liquor outside of the
hours in which his license permits him to sell.
Section
6.1.13
Selling Liquor on Sundays The Council
may at its discretion provide in any on-sale liquor establishment the right to
sell, serve, or allow to be consumed alcoholic beverages between the hours of
one o'clock P.M. and twelve Midnight on Sunday with the serving of food where
said licensee has facilities for the serving of prepared meals from a fixed
restaurant with the simultaneous seating capacity of at least thirty-five (35)
patrons.
Section
6.1.14
Serving Liquor Outside of Establishment No on-sale
dealer shall be permitted to serve within the City any intoxicating liquor
outside of the building for which his license was issued; provided that the view
through the windows of the building where said business is carried on shall be
completely unobstructed either by curtains, advertising, window glazing or other
obstructions whatsoever and provided further that no liquor shall be served in
any booth wherein all the occupants are not within full view of every other
occupant in the room and observable from any and all points in the said room.
A.
A beer garden is defined for purposes of this Article as an area adjacent
to an establishment which has been issued an on-sale beer or liquor license
where patrons of said establishment may consume alcoholic beverages sold by the
establishment in an area outside of the establishment but adjacent thereto.
B.
Any on-sale liquor or beer licensee may operate a beer garden so long as
the beer garden is adjacent and connecting to the licensed establishment and the
only entry into the beer garden is from an entry way into the licensed
establishment. Any beer garden
shall have a fence at least six (6) feet high around the beer garden constructed
in such a way that no person may crawl through or under said fence.
Further, if there are any outside bands, jukeboxes, or loud speakers in a
beer garden the same shall cease playing or operating at 1:00 a.m.
C.
The fence to be constructed around the beer garden as set out above,
shall, in all respects comply with the Zoning Ordinance (Appendix C) and any
ordinances amendatory thereto insofar as the location of said fences in regards
to the proximity of streets, alleys, and property lines or boundaries.
D.
Any on-sale liquor or beer establishment who operates a beer garden shall
have located within said establishment a telephone that will accept outgoing
calls.
E.
Any licensee operating a beer garden shall abide by all rules and
regulations as set out by state or local statutes involving the sale of said
alcoholic beverages.
F.
The only alcoholic beverages to be consumed within the premises defined
as a beer garden shall be those alcoholic beverages sold by the licensed
establishment operating the beer garden.
G.
This Article does not apply to those establishments which request
permission to operate a beer garden on one particular time a year.
Section 6.1.16 Public Nudity Prohibited (B) It shall be unlawful for any person on premises licensed for the sale of alcoholic beverages, while in the presence of any other person, to appear in a state of nudity as defined herein. (C) It shall be unlawful for a licensee in alcoholic beverages, its manager or agent to authorize, permit, or suffer any person on the licensed premises to violate the provisions of subsection (B) of this ordinance. D) For purposes of this ordinance, the following definitions shall apply: (1) State of Nudity means the showing of the human male or female genitals or pubic area with less than fully opaque covering, the showing of the female breast with less than a fully opaque covering on any part of the areola and nipple, or the showing of covered male genitals in a discernibly turgid state. (E) There shall be no physical contact, such as kissing, fondling, or embracing between employees or performers and patrons for gratuity, pay or other remuneration, direct or indirect, or in conjunction with or as part of any performance or entertainment in premises licensed by the governing body of the City for consumption of liquor, including beer, on such premises. (F) (1) Any person upon whom a duty is placed by the provisions of this ordinance, who shall fail, neglect, or refuse to perform such duty, or who shall knowingly violate any provision hereof, shall be deemed guilty of a class 2 misdemeanor. Each day that a violation of this chapter continues shall constitute a separate and distinct offense and shall be punishable as such. (2) The violation of any of the provisions of this ordinance in connection with the operation of the licensed business by the licensee or by any employees or agents of the licensee, shall be sufficient to cause the revocation or suspension of the license of such licensee by the City Council. Such revocation or suspension shall be cumulative with the addition to any penalty or fine imposed by the ordinance of the City of Winner. (G) Any employee and/or independent contractor of a business licensed for the sale of alcohol shall be at least twenty-one (21) years of age and shall possess proper identification and proof of age and shall display said identification to appropriate officials upon request .
Section
6.1.17
Age to Enter onto Premises No on-sale
licensee of any class within the City shall permit any person under the age of
twenty-one (21) years within said licensee's building or premises except where
said person under the age of twenty-one (21) years is in the company of his
parent or guardian.
Section
6.1.18
Intoxicated Person Entering Premises No licensee
of any class within the City shall permit any intoxicated person to enter his
premises or to become intoxicated thereon or therein.
Section
6.1.19
Original Packages No person
within the City shall buy from any on-sale dealer any intoxicating liquor in any
original package whether the said original package be sealed or unsealed, or
whether said original package be full or partially full.
That no
package or off-sale licensee within the City shall sell or allow to be sold
alcoholic beverages between the hours of twelve o'clock midnight and seven
o'clock a.m.
Section
6.1.21
Sunday Off-Sale Pursuant to
the authority granted by SDCL 35-4-81.1, the City hereby permits the sale of
alcoholic beverages by off-sale licensees on Sundays. No sales of alcoholic beverages by off-sale licensees may be
made on Sundays between the hours of 12:00 o'clock midnight and 7:00 o'clock
a.m. of the following day.
No on-sale
licensee within the City shall sell, serve, or allow to be consumed on the
premises covered by the license, alcoholic beverages between the hours of two
o'clock A.M. and seven o'clock A.M. or on Sunday after two o'clock A.M., or on
Memorial Day after one o'clock A.M. or at any time on Christmas Day.
The Sunday exclusion contained above shall not apply to those licensee's
who shall obtain a license for the sale of alcoholic beverages on Sunday as
provided in Section 6.1.13 of this Ordinance.
It shall be unlawful for any licensee, employee, agent, or servant of an
on-sale liquor establishment whose principle business is the sale of alcoholic
beverages to allow any patron or customer to remain on the premises after the
above designated closing time.
Section
6.1.23 Central Standard Time and Central Standard Daylight Savings All times for
opening and closing hours prescribed in Sections 6.1.13, 6.1.15, 6.1.20, 6.1.21,
and 6.1.22 shall be Central Standard Time or Central Standard Daylight Savings
time when such time is in effect in the local community of Winner.
Section
6.1.24
Unsealed Container It shall be
unlawful for any person to possess an alcoholic beverage in an unsealed
container or in an open receptacle either within or without a motor vehicle on
any sidewalk, street, alley, or highway within the City limits. This Section
shall not apply: A.
In or upon described property which is publicly owned, or owned by a
non-profit corporation, when the governing body of this municipality has
authorized by permit, pursuant to SDCL 35-1-5.3, persons to consume or blend
alcoholic beverages, but not to engage in the sale thereof, for a period not to
exceed twenty-four (24) hours.
B.
In or upon described property which is publicly owned, or owned by a
non-profit corporation, when the governing body of this municipality has
authorized by permit, pursuant to SDCL 35-4-11.4, a special malt beverage
retailers license to any civil, charitable, educational, or fraternal
organization in conjunction with a special event within the municipality.
Section
6.1.25
Possession of Open Bottle or Can It shall be
unlawful for any person to consume or have in his possession an opened bottle or
can of alcoholic liquor, as defined in SDCL 35-1-9.1 through 35-1-9.3, upon any
public street or alley either within or without a motor vehicle within the City
Limits or upon any public right-of-way or highway within one (1) mile of the
City Limits.
Any person
violating any of the provisions of this Article shall be guilty of a Class II
Misdemeanor and shall be fined
pursuant to Section 14.01.
THIS
PAGE LEFT INTENTIONALLY BLANK LICENSES AND PERMITS Article 2 – Pawn Dealers Section
6.2.01
Required License, Fee, and Term of License A.
It shall be unlawful for any person to engage in the business of
pawnbroker or secondhand dealer, without first obtaining a license from the City
finance office. The application for
such license shall contain all pertinent information required by the City
Finance Office and provisions of Winner City Ordinances relating to licensure.
Any person applying for a pawnbroker's license or a secondhand dealer's
license, must, before their application will be considered, come to the Winner
Police Department and furnish adequate identification.
No license under this Article shall be issued to any person who has been
convicted of a felony; no license under this Article shall be issued to any
corporation, one or more officers or directors of which have been convicted of a
felony. B.
The annual license fee for a pawnbroker's license shall be one hundred
(100) dollars, payable in advance. C.
The annual license fee for secondhand dealers shall be twenty-five (25)
dollars, payable in advance. D.
Any person having a business which encompasses more than one of the two
(2) designated categories set forth in this Article, and all businesses being
conducted on one premises, shall obtain all appropriate licenses, but the total
fee for licenses for the single premises shall not exceed one hundred (100)
dollars. E.
The term of the license shall be one (1) year.
No person
shall engage in business as a pawnbroker or secondhand dealer unless said person
has a fixed premise where said business is conducted, either on a continuing
basis or from time to time, and unless said person has first obtained a license
to engage in that business as that premises. For the
purposes of this Section, "fixed premises" shall include any
non-mobile premises where such business is conducted and said pawned or
purchased secondhand articles are held according to the provisions of Section
6.2.11, whether or not that premises remains in the same location during the
period the license is in effect.
Each
pawnbroker doing business in the City shall furnish a good sufficient bond, with
a surety to be approved by the Council; in the sum of one thousand (1,000)
dollars, conditioned for faithful observance of this Article and conditioned for
the safekeeping or return of all articles held in pledge of such pawnbroker.
Section
6.2.04
Suspension or Revocation of License A.
A license issued to a licensee under this Article, who shall have
violated the provisions of this Article, may be suspended for a prescribed
period not to exceed sixty (60) days, in the event of a failure on the part of
the licensee to comply with the provisions of this Article after ten (10) days
written notice and a public hearing. B.
A license issued to a licensee under this Article, who shall have
violated the provisions of this Article, may be revoked by the Council after ten
(10) days written notice and a public hearing.
Section
6.2.05
Separate License and Bond Any person
conducting several or separate places of business shall pay the appropriate
license fees and procure the appropriate licenses and bond for each place of
business. The above-mentioned
proprietor's license shall be sufficient for all clerks, agents, and employees
engaged at the place named in the license.
Section
6.2.06
Change in Location of Licensed Premises If, during
the effective period of a license issued under this Article a pawnbroker or
secondhand dealer changes the location of the licensed premises within the City,
such dealer shall inform the City finance office of such change of location and
shall have the new premises to be licensed noted on the license.
There shall be no additional fee charged for changing the location of the
licensed premises.
Section
6.2.07
Records Required A.
Every pawnbroker shall keep books or records of pawn tickets in a manner
satisfactory to the chief of police, where he shall accurately and intelligibly
enter, in ink, in the English language, at the time of purchasing or receiving
any personal property, and after requiring and observing identification from the
person seeking to pawn the property, a record of the following information:
1.
The name of the person from whom the property is purchased or received,
his place of residence, and his date of birth. 2.
A detailed and accurate description of each article, which shall include,
if available, the manufacture's name, style model number, serial number,
engraved initials, or other identifying marks. 3.
The date and time of transaction. 4.
The amount necessary for redemption. 5.
The date when the article is to be redeemed. 6.
Any mortgage or bill of sale taken, or receipt of pawn ticket given.
B.
Every pawnbroker shall also record the date of disposition or redemption
from pawn of said article or any part or portion thereof.
Said disposition report shall be located in the same book and at the same
place where the receiving records of said article are located.
C.
Every secondhand goods dealer shall keep books or records for those
articles defined herein in a manner satisfactory to the chief of police or his
designee. The dealer shall
accurately and intelligently enter, in ink, in the English language, at the time
of purchasing or receiving any article or item, the following information.
1.
The name of the person from whom the property was purchased or received,
his place of residence, and his date of birth. 2.
Date and time of the transaction. 3.
A detailed description of the item which shall include, if available, the
manufacturer's name, style model number, serial number, engraved initials, or
other identifying marks. 4.
If the seller is not known personally to the dealer or the dealer's
agent, the dealer is required to obtain the person's drivers license number and
the state of issuance or, if available the identifying number from at least one
form of government issued identification. 5.
The amount paid for the article.
D.
Any person who fails to keep such records or fails to make the required
entries therein, or shall intentionally or knowingly make any false or
unintelligible entry, or any entry which he has reason to believe is untrue, or
who shall fail to make the inquiries necessary to enable him to make such
entries or any of them, or who shall fail to produce his records when requested
by a City police officer during reasonable business hours, or who shall destroy
or willfully permit such records to be destroyed or lost, shall be guilty of a
Class II Misdemeanor and fined pursuant to Section 14.01.
E.
The records required by this Section shall be maintained for one (1) year
after the date of purchase or receipt and shall be made available for inspection
to City police officers during reasonable business hours.
Section
6.2.08
Inspection of Records or License A.
The books or records required by Section 6.2.07 to be kept by pawnbrokers
or secondhand dealers shall be open to the inspection of City Police Officers
during reasonable business hours.
B.
The pawnbroker shall produce and show any article pledged in connection
with any loan.
C.
The licenses required by Section 6.2.01 for pawnbrokers or secondhand
dealers shall at all times be on display in a conspicuous place and available
for inspection by City police officers during reasonable business hours.
This subsection shall not apply when the license is being taken to the
City finance office to have a change of location recorded.
At the time
of receiving a pledge and upon the subsequent renewal of a loan, the pawnbroker
shall deliver to the pledger or his agent a pawn ticket, which pawn tickets
shall be correspondingly serially numbered, and shall contain the following
information: A.
The name and address of the pawnbroker; B.
A generic description of the pledge with such particular details of
description noted whenever possible in order to distinguish the article or
articles;
C.
The date and time of the transaction; and
D.
The amount, duration, and terms of the loan. The
pawnbroker may insert on the pawn ticket any other terms, conditions and
information that are not inconsistent with the provisions of this Article.
Section
6.2.10
Duty of Police Department It shall be
the duty of the Winner Police Department to periodically contact the licensed
premises under this Article to inspect or obtain copies of records required to
be kept according to Section 6.2.07 hereof, setting forth a description of the
person by whom they were left in pledge or sold. The Chief of
Police or his designee shall have the power and authority to require such
reports to be made in a manner and form subject to his approval.
A.
Any person licensed as a pawnbroker, who shall purchase any new or
secondhand goods of any individuals not engaged in trade, shall keep the same
for inspection for ten (10) days from the time of the transfer, except on
written release from the Chief of Police or his designee.
The above-mentioned property shall be held during this period on the
licensed premises or some other secure location within the City and shall not be
disposed of or altered from the form in which it was received during this
period.
B.
Any person licensed as a secondhand goods dealer who shall purchase any
new or secondhand goods as defined herein of any individual not engaged in trade
shall either:
1.
Keep the same for inspection for ten (10) days from the time of transfer,
except on written release from the Chief of Police or his designee.
The above-mentioned property shall be held during this period on the
licensed premises or some other secure location within the City and shall not be
disposed of or altered from the form in which it was received during this
period, or; 2.
Keep the same for three (3) working days, excluding Saturdays, Sundays,
and calendar holidays, after delivering the required records to the Winner
Police Department. The time period
shall begin when said records are delivered to the Winner Police Department.
The above-mentioned property shall be held during this period in the
licensed premises or some other secure location within the City and shall not be
disposed of or altered from the form in which it was received, except on written
release from the Chief of Police or his designee.
C.
When articles are acquired by a pawnbroker or secondhand dealer in a
group, they shall be kept together for identification purposes and not separated
until the ten-day period has elapsed, unless released prior on written
authorization by the Chief of Police or his designee.
Section 6.2.12 Pawned Articles Every article
of any kind or description which is taken in pawn by a pawnbroker shall be held
by the pawnbroker for a period of forty (40) days, during which time the same
shall not be shown either for sale or for inspection, to any person, other than
a City police officer, during reasonable business hours.
Section
6.2.13
Effect of Hold Order The chief of
police or any authorized police officer may, by written order, order a
pawnbroker or secondhand dealer to hold any specified article or articles,
deposited with or in custody of such pawnbroker or secondhand dealer, for
purposes of further investigation by the Police Department, when said item or
items are believed to be stolen. A
hold order shall remain in effect for a period of thirty (30) days commencing
the day on which the hold order was delivered to the pawnbroker or secondhand
dealer. A hold order shall
supersede the provisions of Sections 6.2.11 and 6.2.12 and no sale or other
disposition may be made of said article or articles while such hold order
remains outstanding, unless released by officers issuing the hold order.
Section
6.2.14
Accepting Articles A pawnbroker
who accepts in pledge any article as security for a loan from a pledger who is
not the owner thereof, obtains no property in the article, either by reason of
maturation of the loan or by transference of the pawn ticket to the pawnbroker
by the pledger or holder thereof. Ignorance
of the fact that the pledged article was lost or stolen shall not be construed
to affect the question of title, and if the pawnbroker shall sell such article
to a third person, he shall remain liable to the original owner.
Section
6.2.15
Unlawful Transactions It shall be
unlawful for any pawnbroker or secondhand dealer to accept any articles in pawn
or purchase any secondhand personal property by acquiring a pawn ticket by
transference from any person under eighteen (18) years of age.
Section
6.2.16
Concealing Articles No pawnbroker
or secondhand dealer shall conceal, secrete or destroy, for the purpose of
concealing, any article purchased or received by him, for the purpose of
preventing identification thereof by City police officers.
Section
6.2.17
Examination of Premises No pawnbroker
or secondhand dealer or any other personnel shall refuse, resist or attempt to
prevent any City police officer without a warrant from examining the licensed
premises occupied by the pawnbroker or secondhand dealer, or other secured
premises within the City limits where property is stored, during reasonable
business hours for the purpose of discovering stolen property.
Any person
that violates any of the provisions of this Article or fails to comply with
any provision thereof, shall be deemed guilty
of a Class II Misdemeanor and shall be fined pursuant to Section 14.01.
CHAPTER 6 LICENSES AND PERMITS Article 3 – Junk Dealers and
Junk Yards Section
6.3.01
License Requirement No person
shall engage in business as a Junk Dealer or operate a Junk Yard within the City
or within one mile thereof as defined in this Article without first have secured
a license therefore as herein provided.
Section
6.3.02
Application for License Any person
desiring a license to operate as a Junk Dealer, shall make application in
writing to the Council and said application shall state: A.
Name; B.
Post office address;
C.
Length of time applicant has resided in the City;
D.
The premises where the business is or will be located or conducted and
description shall be given by lot and block number or by legal description; and
E.
Any other information the Council may require.
Every Junk
Dealer or operator of a Junk Yard shall pay an annual fee of twenty-five (25)
dollars, for each establishment or place of business which shall include one
Junk Yard and the sum of ten (10) dollars for each additional Junk Yard, and
that the operator of the Junk Yard shall at all times keep said yard and with
his place of business in such condition so that the same will not become
offensive or obnoxious and said premises shall at all times be kept free from
rodents.
Section
6.3.04
Approval of Application Upon filing
of the application together with the necessary license fee, the Council, if they
deem such applicant a fit and proper person to engage in such license shall be
issued by the Auditor in the manner provided for the issuance of other licenses.
Section
6.3.05
Right to Revoke License The Council
shall have the right to revoke any license granted under this Article if it
determines upon investigation and after hearing that the licensee has violated
any of the provisions of this Article and providing that a notice of the hearing
shall be served upon the licensee named in the license at least five (5) days
before the hearing, either by personal service of a copy of the notice or by
mailing a copy of the same to the person at the address given in the
application. That should any
license granted under this Article be revoked, no refund of the license fee
shall be made.
Section
6.3.06
Daily Written Record Every Junk
Dealer shall keep a daily written record of all articles and quantities
purchased by him setting forth the name, residence, age and occupation of the
person from whom each article or articles were purchased and the name of the
employer of such person, and the date and hour the purchase was made and the
price paid and such other information as the Chief of Police, with the approval
of the Council, shall require. Such
record shall at all times be opened for the inspection of the Police officers or
any officer of the law to make investigation and also for securing evidence in
connection with any violation of law.
Section 6.3.07 Records Made Available Every Junk
Dealer upon being served with written notice to so do by a member of the Police
Department, shall report to the chief of Police, giving a written description of
all goods, articles and things purchased or received by him in the course of
business as a Junk Dealer and covering such a period of time as may be specified
in the notice. Such written report
shall state the amount paid for each item and the name, residence, and a general
description of the person from whom the goods, articles, or things were
received.
Section
6.3.08
Restrictions on Operations A.
No Junk Dealer shall carry on a business at or from any other place than
the premises designated and described in the application and license, and all
junk of any kink described shall be kept wholly within the boundaries of such
premises.
B.
It shall be unlawful for any junk dealer to burn junk or refuse on the
premises covered by said license or any other place within the City.
C.
The wrecking and dismantling of old cars for the purpose of securing
parts shall be done wholly inside of the buildings occupied by said junk dealer
or within the enclosure hereinafter provided for and shall not in any event be
done upon the highway or streets or alleys of the City, or outside of the
premises described in the application and license.
D.
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, the Council shall have
the right to inspect the determine whether or not the appearance of the lots or
lot distract from the sightlessness of the area in which such premises may be
located, and in the even the Council find the appearance of the lot or lots does
distract from the appearance of the area in which located, no license shall be
grated until such lot or lots shall have an enclosure
with a tight, well constructed and well painted fence of at least seven
(7) feet in height or of a sufficient height to cut off the public view and must
not be located nearer than one hundred fifty (150) feet from any State or
Federal highway. After the
construction of such fence it shall at all times be suitably maintained and kept
in good repair by the licensee. In no event shall any such licensee permit any advertising
matter of any sort to be placed upon said fence, except that such licensee may
use not to exceed fifty (50) square feet of said fence for the purpose of
advertising his business.
CHAPTER 6 LICENSES AND PERMITS Article 4 – Taxi Cabs Section
6.4.01
License Requirement No person
shall operate, hire out, keep or use for hire upon the streets of the City any
taxi cab, cab, bus or buses, or any other vehicle of any description or name
whatsoever for the conveyance of passengers for hire within the City without
first obtaining a license for each of said vehicles.
There shall
be paid to the City Finance Officer before the issuing of said license by the
parties applying for the same, the following sums: A.
Each cab or taxi cab operation within the City
$10 B.
Each bus $10
Section
6.4.03
Term of License All licenses
granted hereunder shall continue in effect until the first Monday in May after
date of issuance and such license shall not be transferable. The license shall be issued in the name of the City and shall
be signed by the Mayor and attested by the City Finance Officer.
If the term for which said license shall be issued is less than six
months before its expiration date, the license fee payable by such applicant
shall be one-half of the license fee as herein above fixed.
Section
6.4.04
Application and Issuance of License Each
applicant for any license hereunder shall appear in person before the Council at
a regular meeting thereof and the Council shall not approve the issuance of any
license to engage in the business of operating a taxi cab, or taxi cabs, or bus
or buses only upon being satisfied that the applicant has met or will meet the
following requirements: A.
A fit person to engage in such business.
B.
Vehicles and equipment are such as are consistent with the safety of the
public.
C.
Has indemnity and public liability insurance covering the operation of
each vehicle, to protect such operation of each vehicle, to protect such
operation against liability to passengers and third persons for personal injury
suffered or sustained by them as a result of the operation of such taxi cab or
bus, and said policies to be in an amount of not less than ten thousand (10,000)
dollars for damages to any one person and not less than twenty thousand (20,000)
dollars for damage to more than one person injured as the result of any one
accident, and not less than one thousand (1,000) dollars for property damage,
resulting from any one accident. Such
policies shall be maintained during the term of the license.
D.
In case of application to operate bus or buses, the Council may request
changes or alterations in the proposed route or routes, time schedule, rate of
fare or stops before granting license. After
the license has been issued the operator shall not materially change or alter
the approved route or routes, time schedules, rates of fare or stops without
first receiving the approval of the City County to make such change.
Section
6.4.05
Operator's License No person
shall operate, drive or be engaged or employed in the business of driving upon
the public streets or Winner, any taxi cab or bus, without first having produced
a license therefore from the City Finance Officer. An applicant for such a license shall be at least twenty-one
(21) years of age, or sound physical and free from infirmity that would effect
his or her ability to properly drive a taxi cab or motor bus.
The applicant must be a resident of Tripp County, South Dakota, for at
least six (6) months prior to the date of the application, and must furnish
letters of recommendation from three reputable citizens of Winner that they know
of the applicant and that he is, in their opinion, a fit person to drive a motor
bus or taxi cab in the City. No
person shall be licensed, under this Article, to operate a taxi cab or motor
bus, who has pled guilty or has been found guilty of the commission of a felony
or driving while intoxicated, as defined in the South Dakota Code, within three
(3) years of the date of application. A
license fee of ten (10) dollars shall be paid to the City Finance Officer before
such license shall be issued by the City Finance Officer and the licensee shall
have such license in his possession whenever engaged in driving a taxi cab or
bus, and exhibit it for inspection whenever requested to do so by a police
officer. Any such driver's license may be revoked by the Council for
cause, and any license issued under the provisions of this Article shall be
revoked by the Council upon discovery of any false statement made in the
application for such license.
Every
operator of any bus and cab licensed hereunder shall be inspected for
cleanliness and shall clean the interior of each taxi and bus after each days
operation. Such inspection shall be
conducted by the Chief of Police.
Section
6.4.07
Revocation of License Any person
found guilty of violating any provision of this Article shall at the discretion
of the Council have his said license revoked by the Council.
CHAPTER 6 LICENSES AND PERMITS Article 5 – Digging It shall be
unlawful for any person to dig in or upon any street or alley in the City
without first securing a permit to do so from the City.
The application for the permit shall be signed by the person applying and
filed with the City Finance Officer and if the permit is granted by the Council,
the person so applying shall deposit with the City Finance Officer in the form
of cash or certified check an amount of not less than one hundred (100) dollars
and an additional fifty (50) cents per linear foot of excavation, and the
Council may require an additional amount if, in their judgment, it is required
to guarantee that the applicant will comply with the requirements of this
Article.
All
excavations shall be properly back-filled, and the back-fill shall be tamped as
it is replaced and must be left level with the present grade of the street or
alley. That during the time that
the ditch or excavation is open, it shall be the responsibility of the person to
whom the permit is issued to see that sufficient burning flares are placed at
the opening while the excavation is open, during the hours of from twilight to
dawn and shall place blockades at the ditch or excavation, to block traffic
during the entire period that said excavation shall remain open and see that
safety precautions are taken at all times to protect the public and traffic.
Section
6.5.03
Refund of Deposit The deposit
so made shall remain with the City for a period of not less than three or more
than six months and any settling of the back-fill must be brought up to grade
level by the person to whom the permit was issued when notified by the Street
Commissioner of the City to put in more back-fill at the place of excavation,
and at the end of the period, the excavation and back-fill shall be inspected by
the Street Commissioner of said City and when approved by him, the deposit so
made shall be refunded if said excavation has been properly filled and packed.
Should any person making the excavation or digging upon any street or
alley pursuant to this Article fail, neglect or refuse to properly refill any
ditch or excavation made by them pursuant to this Article when requested, then,
and in the event, it shall be the duty of the Street Commissioner of the City to
cause said excavation to be properly filled and tamped or properly back-filled
and the cost thereof shall be reported to the Street Commissioner to the City
Finance Officer and the amount of the cost thereof shall be deducted from the
amount so deposited herein and that any sum then remaining in the hands of the
City by virtue of said deposit shall then be refunded to the person that
obtained said permit.
Any person
found guilty of violating any of the provisions of this Article shall be guilty
of a Class II Misdemeanor and, upon conviction, shall be fined pursuant to
Section 14.01.
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