Provide permissive authority to a governing body of a municipality or county to deny reissuance of an on-sale license not actively used.
Impact
The enactment of SB148 is expected to influence state laws relating to how on-sale licenses are managed. It would empower local governing bodies to maintain control over the licensing process, ensuring that licenses are not granted to establishments that do not demonstrate consistent operation. This enhances accountability among license holders and may contribute to reducing the number of inactive licenses in circulation, ultimately benefiting active businesses that comply with local regulations.
Summary
Senate Bill 148 aims to provide municipalities and counties in South Dakota with the authority to deny the reissuance of an on-sale license if it has not been actively used for a specified period. The bill defines 'actively used' as either being open for at least sixty days during the two years preceding the application or being open for a minimum of five days per year during a special event that attracts at least twenty-five thousand visitors. This provision seeks to streamline the licensing process by ensuring that licenses are held by entities that are actively operating, thereby promoting responsible alcohol sales within communities.
Sentiment
The sentiment surrounding SB148 appears to be largely positive among proponents, who argue that it introduces a necessary measure of oversight into the licensing process. Supporters posit that it helps to ensure that only active businesses maintain their licenses, thus supporting community safety and responsible commerce. However, there might be concerns among some stakeholders related to potential restrictions on access to licenses for new businesses or those trying to reestablish themselves after a period of inactivity.
Contention
Notable points of contention regarding SB148 may center around how the definition of 'actively used' is applied and its implications for establishments trying to regain their licenses. Critics could argue that overly strict application of this bill could hinder not just the reopening of businesses but also affect cultural or social events that relate to alcohol sales. There is a careful balance needed to prevent the regulations from becoming too burdensome, while also ensuring that the licensing process remains effective and serves the interests of the community.