State Codes and Statutes

Statutes > South-dakota > Title-35 > Chapter-04 > Statute-35-4-21

35-4-21. Contents of agreement for operation of municipal on-sale business. An operating agreement under subdivision 35-4-19(2) shall include at least the following provisions:
(1) The manager is responsible for all operating expenses, including taxes, insurance, and license fees, if any;
(2) The manager may dispense only liquors supplied by the municipal off-sale establishment;
(3) The agreement shall be for a period of not to exceed five years with the provision of one extension of not to exceed five years in the discretion of the governing board;
(4) Cancellation of the agreement shall be made upon ninety days' written notice by either party;
(5) The manager shall pay for all liquors supplied by the municipal off-sale establishment, the actual cost price, the transportation charges and markup, and such additional compensation or fee as may be mutually agreed upon by both parties;
(6) A complete and detailed record shall be maintained by the municipality of all liquors supplied the on-sale manager. All such liquors shall be evidenced by prenumbered invoices prepared in triplicate showing the date, quantity, brand, size, and actual cost as set forth in subdivision (5) of this section. The invoices shall bear the signature of the on-sale manager or the manager's authorized representative. One copy of the invoice shall be retained by the off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the municipal auditor or clerk. All copies shall be kept as permanent records and made available for reference and audit purposes.

Source: SDC 1939, § 5.0204 (9) (b) as added by SL 1959, ch 7, § 2; SL 1971, ch 211, § 51; SL 2008, ch 37, § 170.