New Underwood, South Dakota

......a good place to be!

Minutes November 3, 2010

                                MINUTES OF THE

NEW UNDERWOOD CITY COUNCIL

  

A regular meeting of the New Underwood City Council was held at 6:00 p.m. in the Community Center on November 3, 2010.  Present were: Mayor Benita R. White, Councilmember’s: Rikka Buchtel, Jackie Dahlquist, Michael Green, and Joe Whitney.   Also present: Dir. Public Works Greg Hall, Public Works Supervisor John Bale, Finance Officer Meri Jo Anderson, Deputy McPherson, and Cris Allen.

 

AGENDA

Moved by Green second by Dahlquist to approve the agenda.  Aye: all. Motion

carried.

 

MINUTES                                                               

Moved by Dahlquist second by Whitney to approve the October 20, 2010 minutes. Aye: all.  Motion carried.

 

FINANCIAL REPORT & BILL LIST                                                                                   

The financial reports, bill-list and vouchers were presented.  Motion by Dahlquist second by Buchtel to approve the financial reports and the following warrants as presented.  Aye:  all.  Motion carried.  

October bills payable November 3, 2010

GENERAL FUND                                                                                        

Salaries – 4724.40; Wellmark (ins.) 488.18; Merchant Bank (visa charges) – 38.27; SDML (dues) – 599.44; First Interstate Bank (safety dep. box) – 25.00; IRS – EFTPS (Oct) – 1235.06; SD Retirement (Oct) – 596.42; WREA (Service) – 1076.01; Golden West Service) – 326.66; RC Landfill (dump fees) – 2037.75; SD State Treasurer  ( Sales Tax) – 305.99; Steve’s (fuel) – 455.87; ELAN (stamps, parts, bulbs, motel rooms) – 511.04; NU Post (publishing) – 9.02; Penn. Co. Highway (fuel) – 374.77; Johnson Machine (filters) – 412.33; Pool & Spa Center (winterize pool) – 444.93; Betsy Hoffman (clean CC) – 65.00; Penn. Co. Sheriff (4th qtr) – 9453.50; SDML Work Comp (2011) - 3150.00; RC Finance Office (dump fees) – 5.00; Wall Clinic (Heb shot) – 55.00; SD Fin. Off Assn. (dues) – 70.00; Human Resource Assn. (dues) – 35.00; Municipal Street Assn. (dues) – 35.00.  TOTAL: $26529.64.

WATER FUND                                                                                             

WREA (Service) – 547.77; Elan (bags) – 369.20; Mid-continent Testing (tests) – 181.00; Northwest Pipe Fittings (freight on rad valves) – 702.98; WRT (Nov) – 1912.50; DSG (meters) – 663.92; Omni-site (alarm) – 23.00.  TOTAL: $4400.37

SEWER FUND

Salaries – 4018.16; FIB (SS & FWT) – 1124.50; SD Retirement (Oct) – 603.81; WREA (service) – 62.13; Wellmark (ins) – 1952.72; Alltel (service) – 126.69; Omni-Site, Inc. (alarm)  – 23.00; DSG (pump) – 3642.87. TOTAL: $11553.88

 

PUBLIC WORKS

Mr. Hall presented the written report of activity the past two weeks.  They have been going to recertification school, garbage, shut offs, meeting with WRT, smoke testing mains, getting equipment ready for snow removal.

Mr. Hall will speak with the County on the arrangements for sand availability for the winter.

 

 

FLUSHING HYDRANTS

The City will be flushing water hydrants on November 10, 2010.  Notices will be hung around the City explaining that the water lines get stirred up and may be a little rusty for a couple of days.  This is a requirement that is done yearly.

 

LAW ENFORCEMENT

Deputy McPherson presented his written monthly report.  He reported on his DARE classes and DARE classes here will begin mid January.    

 

ALCOHOLIC BEVERAGE LICENSE ORDINANCE

Ordinance Number 10-05 received its second reading.

 

ORDINANCE NUMBER 10-05
ARTICLE II   SECTION V
CITY OF NEW UNDERWOOD
 
AN ORDINANCE TO REPEAL AND REPLACE ORDINANCE NUMBER 99-4 AND ANY OTHER ORDINANCES DEALING WITH ALCOHOLIC BEVERAGES OF THE CITY OF NEW UNDERWOOD
BE IT ORDAINED by the Common Council of the City of New Underwood, Pennington County, South Dakota that the following specified sections of Article II Section V are hereby amended and restated to read as follows:

ALCOHOLIC BEVERAGES

ARTICLE I.  LICENSES AND GENERAL PROVISIONS

Sec. 4-1.     Definitions.

     A term that is defined in a specific section of this chapter is to be first given the meaning therein defined.  If a term is not defined in a specific section the term is to be defined using the definitions below in this section.  If a term is not defined in this section the term is to be given the meaning as defined in Title 35 of the South Dakota Codified Laws, SDCL.  If a term is not provided for in the SDCL the term is to be given its plain and ordinary meaning.

Alcoholic beverage.  Any distilled spirits, wine, and malt beverages as defined in this chapter.

Bulk container. Any package, or any container within which container are one or more packages.

Distilled spirits.  Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use, containing not less than one-half of one percent (0.5%) of alcohol by weight.

Malt beverage.  A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human consumption containing not less than one-half of one percent (0.5%) of alcohol by weight.

Off-sale.  The sale of any alcoholic beverage, for consumption off the premises where sold.

On-sale.  The sale of any alcoholic beverage for consumption only upon the premises where sold.

On-sale dealer.  Any person who sells, or keeps for sale, any alcoholic beverage for consumption on the premises where sold.

Package.  The bottle or immediate container of any alcoholic beverage.

Package dealer.  Any person other than a distiller, manufacturer, or wholesaler, who sells, or keeps for sale, any alcoholic beverage for consumption off the premises where sold.

Public place.  Any location that the local, state, or national government maintains for the use of the public, such as a highway, park, or public building.

Retail license.  Any on-sale or off-sale license issued under the provisions of this chapter.

Retailer or retail dealer.  Any person who sells alcoholic beverages for other than resale.

Sale.  The transfer, for a consideration, of title to any alcoholic beverage.

Wine.  Any liquid either commonly used, or reasonably adapted to use, for beverage purposes, and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not less than one-half of one percent (0.5%) of alcohol by weight but not more than twenty- four percent (24%) of alcohol by weight.

State law reference (SDCL 35-4-2)

 
Sec. 4-2.     Traffic in alcoholic beverages prohibited.

     No person shall produce, transport, store, or sell any alcoholic beverage except as authorized under the provisions of this chapter and SDCL Title 35.

 
Sec. 4-3.     Application for license to conduct business pursuant to this chapter.

     Any person desiring to enter into the alcoholic beverage business in the city shall submit an application for a license under the provisions of SDCL Title 35, Alcoholic Beverages, to the City Finance Officer.

State law reference (SDCL 35-2-1.2)

 
Sec. 4-4.     Action by council.

     The common council may approve or disapprove an application for a license depending on whether the council deems the applicant a suitable person to hold the license and whether the council considers the proposed location suitable.  The common council may, in their discretion, require the applicant to appear personally at any meeting of the council and to answer any question which may be asked pertaining to the applicant or the place of business which may in any way pertain to the carrying on of the business applied for.

State law reference SDCL 35-2-1.2.

 

Sec. 4-5.     Character requirements for licensees.

     Any licensee under this chapter and SDCL Title 35 must be a person of good moral character, who has never been convicted of a felony.  If the licensee is a corporation, the managing officers thereof must have like qualifications.

 State law reference SDCL 35-2-1.2.

 
Sec. 4-6.     Area limited.

     The common council shall not approve any application for “on-sale” or “off-sale” license to sell any alcoholic beverages in the city at any place of business unless that place of business is located in an area described as a commercial area on the zoning use district map of the city.

 

Sec. 4-7.     Violation as ground for revocation or suspension of license – Multiple licenses.

      The common council may revoke or suspend any license issued under this chapter and SDCL Title 35 upon proof of violation by the licensee, by the licensee’s agents or employees, or by the manager or contractual operators of retail establishments and their agents or employees operating under a City license, of any of the following:

(1)   Any provision of SDCL Title 35;

(2)   Any rule promulgated pursuant to SDCL Title 35; or

(3)   Any ordinance or regulation relevant to alcoholic beverage control that has been adopted by the City.

     For any licensees with multiple alcoholic beverage licenses for the same premises, upon suspension or revocation of any license issued pursuant to this chapter or SDCL Title 35, such licensee shall cease operation under all alcoholic beverage licenses held by such licensee for the same premises for the same period as the suspension or revocation.

State law reference SDCL 35-2-10.

 
 
Sec. 4-8.     Classification, information, limitations, and cost of alcoholic beverage licenses.

     No license shall be issued pursuant to this chapter except after a public hearing unless otherwise expressly stated.  Classes of licenses, with the fee of each class, follow:

     (1)     Off-sale liquor license.

          a.     The fee for this license is four hundred dollars ($400.00) per year.

     (2)     Off-sale malt beverage license.

          a.     The fee for this license shall be the amount set forth in SDCL Ch. 35-4.

          b.     Fifty percent (50%) of this fee is paid to the State of South Dakota, State, through the city.

     (3)     On-sale and off-sale malt beverage retailers' license.

          a.     The fee for this license shall be the amount set forth in SDCL Ch. 35-4.

          b.     Fifty percent (50%) of this fee is paid to the state through the city.

     (4)     On-sale and off-sale wine license.

          a.     The fee for the license shall be the amount set forth in SDCL Ch. 35-4.

     (5)     On-sale liquor license.

          a.     The fee for the license shall be one thousand two hundred dollars ($1,200.00) per year.

(6)          The City may issue:

a.     A special malt beverage retailer’s license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant;

b.     A special on-sale wine retailer’s license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-2(4), (6), or (12) or SDCL Ch. 35-12 in addition to any other licenses held by the special events license applicant;

c.     A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; or
          d.     A special off-sale package wine dealer’s license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-2(3), (5), (12), (17A), or (19) or SDCL Ch. 35-12 in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12.

e.     The fee for each special malt beverage retailer’s license, special on-sale wine retailer’s license, and special off-sale package wine dealer’s license will be fifty dollars ($50.00) per day.  The fee for each special on-sale liquor license shall be one hundred dollars ($100.00) per day. 

           f.     A public hearing is required before approval and issuance of any license under this section.

           g.    Any licenses issued pursuant to this section may be issued for a period of time established by the city council not exceeding fifteen (15) consecutive days.

            h.   This license may be issued pursuant to SDCL 35-4-124.

   

    (7)     Spiking Permit Permit.

          a.     The fee for this permit is ten dollars ($10.00) per day.

          b.     This permit allows the applicant to provide alcoholic beverages free of charge during the applicant’s rental of the Community Center.

          c.     The application permit (see attached) must be completed and filed with the Finance Office and the applicant must appear before the City Council at a regularly scheduled council meeting, prior to the event, for approval of the permit.

          d.     The applicant must be at least twenty-one (21) years of age and provide an acceptable form of identification, and hold the City of New Underwood harmless of any liability stemming from the spiking of alcohol or the consumption of alcohol. 

          e.     This permit allows, with the common council’s approval, the consumption of any alcoholic beverages on property owned by the public or by a nonprofit corporation within the City.  Hours of consumption may not exceed those permitted for on-sale licensees and must abide by all the laws and assume all the liabilities of a person applying for a liquor license in the state of South Dakota and the ordinances of the City of New Underwood.

State law references: SDCL 35-4-2; SDCL 35-4-2.1; SDCL 35-1-5.3; SDCL 35-4-81 and 35-4-81.2; SDCL 35-4-124 and 35-4-125.

 
Sec. 4-9.     On-sale and off-sale service restricted and consumption restricted.

(a)          No on-sale or off-sale licensee, licensed under SDCL §35-4-2(3), (4), (5), (6), (9), (11), (13), or (18), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages, between the hours of 2:00 a.m. and 7:00 a.m., or at any time on Christmas Day.  Such licensees are permitted to sell, serve, or allow to be consumed alcoholic beverages on Sunday and on Memorial Day, except between the hours of 2:00 a.m. and 7:00 a.m.     A violation of this section will be a Class 2 misdemeanor.

 

(b)          No licensee licensed under subdivisions 35-4-2(12), (16), (17), (17A), and (19) may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m.  A violation of this section will be a Class 2 misdemeanor.

State law references SDCL 35-4-81 and 35-4-81.2; SDCL 35-4-2.1.

 
Sec. 4-10.   Kegs of malt beverage – Retail sale – Records.

No keg of malt beverage may be sold at retail in this state unless the licensee who sold the keg records the name and address of the person to whom the keg is sold and has provided for the identification of the keg. Each licensee shall maintain such sales records for one year and shall make the sales records available to any law enforcement agency upon request.
     The identification provided for in this section may not be permanent or damaging to the structure of the keg. 

     For the purposes of this section, the term, keg, means an eight or sixteen gallon reusable plastic or metal container.

State law reference SDCL 35-1-12.

 
Sec. 4-11.     Consuming, blending, possessing alcoholic beverages in public places; disposal of containers containing alcoholic beverages restricted.

     (a)     It is unlawful for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer.

     (b)     It is unlawful for any person to consume any distilled spirits in any public place, other than upon the premises of a licensed on-sale dealer.

     (c)     For the purposes of this section, the term “public place” means any place, whether in or out of a building, commonly and customarily open to or used by the general public, and any street, or highway.

(d)     Exceptions to this subsection are provided for in Section 4-12 of this chapter.

     (e)     Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

State law reference SDCL  35-1-5.3.

 
Sec. 4-12.     Open container permitted.

     Notwithstanding anything herein to the contrary:

(1)      No regular on-sale malt beverage licensee may sell or allow to be consumed any malt beverage outside the building of the licensed premises unless the licensee’s business operates out of a permanent structure and the consumption of the malt beverage occurs in an outdoor designated area located on the premises of the licensee which is approved by the common council.  

    (2)     The sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that the license holder derives more than fifty percent of its gross receipts from the sale of prepared food for consumption on the licensed premises. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises.  This section does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid. 

(4)   The common council may, in its discretion, for community designated events, permit open containers in public places upon such terms and conditions the council may impose.

State law references SDCL 35-1-5.3; SDCL 35-4-77.1.

 

Authorization:  This ordinance is being passed pursuant to the provisions of SDCL 35-4-2.1, 35-4-11.4, 35-4-14.2, 35-4-81 and 35-4-77.1.

 

Severability:  If any provision of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.

 

                                                                                    __________________________

Benita R. White, Mayor

 

(seal)

 

__________________________________

Meri Jo Anderson, Finance Officer

 

 

First Reading:  October 20, 2010

Second Reading:  November 3, 2010

Published:  November 11, 2010

Effective:   December 1, 2010

 

Motion by Green second by Dahlquist to approve the second reading of Ordinance Number 10-05.  Roll call vote.  Aye:  Buchtel, Dahlquist, Green, and Whitney.  Nay: none.  Motion carried.

 

FINAL INSPECTION BY DENR

The final inspection on the radium removal plant was held by DENR with the City engineer, Council Pres. Green, Dir. of Public Works Hall, Public Works Supervisor Bale and the Finance Officer on October 26, 2010 and the written report was presented to the Council.

 

SMOKE TEST SEWER LINES

Mr. Hall and Mr. Bale reported that the smoke testing found 35 caps off of clean outs on private property.  The clean outs are the property owners responsibility and the Council felt letters should be sent to these property owners giving them a time line in which to get their caps on these clean outs.  There were also 7 spots on mains that the City will have to repair.  There were no leaks on the flood ditch.  Getting this test done routinely was discussed.

 

BUILDING PERMITS

BP#10-24; Willie Paradis; 108 S. “C” Ave; move on mobile home, decks, shed, fence

BP#10-25; Tina Rodriquiez; 203 S. “C” Ave; storage shed & deck

Moved by Dahlquist second by Green to approve BP#24 & 25 pending meeting set backs.  Aye: all.  Motion carried.

 

EXECUTIVE SESSION

It was suggested by the attorney to always have executive session on the agenda in case you need it.  Motion by Dahlquist second by Green to table the executive session, since it was not needed.  Aye: all.  Motion carried.

 

 

Being no further business the Mayor adjourned the meeting at 6:40 p.m.

 

 

 

 

(Seal)  Meri Jo Anderson, Finance Officer