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City of Aberdeen – Notice of Resolution No. 26-06-05R

By Aberdeen Insider  -    June 25, 2026 in Legals   Reading Time: 3 minutes

RESOLUTION NO. 26-06-05R

RESOLUTION ESTABLISHING RULES

TO REGULATE AND RESTRICT THE OPERATION OF

SPECIAL LICENSES TO SELL ALCOHOLIC BEVERAGES

WHEREAS, an alcoholic beverage is sold under law when there is a transfer, for a consideration, of title to the beverage, which transfer can be by exchange or barter, conditional or otherwise, alone or as part of a package or bundle with other goods, benefits, or services, in any manner and by any means whatsoever; and

WHEREAS, a sale of an alcoholic beverage occurs at an event where the provision of alcohol is not free but the attendee is required to purchase or pay for something, or trade or donate something of value, as a condition to receiving an alcoholic beverage, such as purchasing an admission ticket or meal, a required minimum donation, a trade or swap, or the payment of any other fee; and

WHEREAS, SDCL § 35-4-124 authorizes the City of Aberdeen to adopt rules regarding the issuance of special licenses to sell alcoholic beverages, including rules limiting the number of special licenses that may be issued to any person within any calendar year.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Aberdeen City Council that the following rules shall apply to the issuance of special alcoholic beverage licenses:

  1. Applicant Qualifications: Applicant must hold a qualifying license issued by the City of Aberdeen or be a civic, charitable, educational, fraternal, or veterans organization classified as a tax-exempt organization under § 501(c) of the Internal Revenue Code.
  2. Fees: The license fee per special license shall be the amount set forth in the city fee schedule.
  3. Limit on Licenses: Twelve (12) special licenses  may be issued per calendar year (Jan. 1 – Dec. 31) per licensee.  Additional special license(s) may be granted to the licensee but only after a public hearing.
  4. Period of Time:

The time period for sales of alcoholic beverages may not exceed twelve (12) hours for a public property event or two (2) days for a private property event.

Special licenses may be issued consecutively for events exceeding the time period above; provided, however, that no single licensee may stack special licenses with cumulative time in excess of fifteen (15) consecutive days.

  1. Public Hearing:

            No public hearing is required if the applicant holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality.

A public hearing is required if applicant is a civic, charitable, educational, fraternal, or veterans organization.

A public hearing is required after twelve special licenses have been issued to the licensee within the calendar year.

  1. Insurance: Applicant must provide proof of general liability insurance coverage in an amount not less than $1,000,000 for a public property event.
  2. Container Restrictions: Glass containers shall not be allowed for a public property event.
  3. Trash/Cleanup: A trash/cleanup plan must be approved by a Community Development inspector for a public property event.
  4. Restrooms: Restroom facilities must be approved by a Community Development inspector for a public property event.
  5. Event Security: Applicant must have a minimum of two (2) law enforcement officers present at all times to provide security for a public property event, or such additional law enforcement officers as deemed necessary by the Chief of Police.

BE IT FURTHER RESOLVED that Resolution No. 12-10-01R entitled “A Resolution Setting Rules for Special Alcoholic Beverage Licenses” is hereby repealed in its entirety and replaced by this Resolution, effective upon adoption.

he foregoing Resolution was considered at a regular meeting of the City Council on the 22nd day of June, 2026, and upon Roll Call vote the Resolution was adopted.

Number of AYES: 8, Number of NAYS: 0, Members abstaining: None, CITY OF ABERDEEN /s/Travis Schaunaman, Mayor, ATTEST: /s/Jordan McQuillen, Finance Officer

Published once on June 25, 2026, at the total approximate cost of $45.37 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com