Agenda Item Title:
Introduction and First Reading of Ordinance No. 6632, an Ordinance to Change the Permissible Hours of Sale of Alcoholic Beverages for Off-Premises Consumption by Amending Section 5.12.060 of the Rapid City Municipal Code
Origination Group:
Legal & Finance Committee
Origination Meeting Date:
08/14/2024
City Council Hearing Date:
08/19/2024
City Council First Reading Date:
08/19/2024
City Council Second Reading Date:
09/03/2024
Petitioner:
City Council
Staff Contact:
Joel Landeen / Jennifer Utter
Location:
Council Chambers
Agenda Item Summary:
On August 5, 2024, City Council approved a Motion by Alderman Bieberdorf to direct the City Attorney’s Office to draft an ordinance amendment, prohibiting alcohol sales prior to 10:00 a.m. The State of South Dakota authorizes alcohol sales from 7:00 a.m. until 2:00 a.m. the next morning. Currently, Rapid City Municipal Code authorizes sales from 7:00 a.m. until 12:00 midnight.
The current ordinance reads as follows:
B. Additional limits on hours of operation:
Cities are authorized to create more restrictive times for sales, considering local needs. SDCL 9-29-7.
Emergency first responders from both the Police and Fire Departments (which includes Mobile Medic services) have been experiencing the impact of early alcohol sales over the past 4 years. As noted during comment before Council on August 5, 2024, alcohol impacts a large majority of Rapid City’s emergency service calls. Rapid City has higher numbers of ambulance calls compared to other cities of comparable population. This proposed adjustment of the window for alcohol sales is supported by both the RCPD and RCFD, as it would be an effort to conserve resources during Shift 1 and reduce the number of calls in the morning as a result of intoxication. Comments indicate that this may be appropriate timing for the City to make adjustments to the RCMC, as the County services are also looking to make adjustments to their operations in an effort to address the issue of early morning calls involving intoxicated individuals.
In 2020, the Rapid City Council Legal and Finance Committee, without discussion, tabled a similar proposal for changing the time of first alcohol sale from 7:00 a.m. to 10:00 a.m. See attached link to the 7/1/2020 meeting.
The current ordinance reads as follows:
RCMC 5.12.060 Hours of Operation.
A. No on-sale or off-sale licensee may sell, serve, or allow to be consumed on the premises any alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m.B. Additional limits on hours of operation:
1. Off-sale dealers may only sell alcoholic beverages between 7:00 a.m. and 12:00 midnight.
2. Municipal auditorium on-sale dealers may only sell alcoholic beverages 1 hour prior to an event until the end of the event, and not during any time prohibited in subsection A.
Cities are authorized to create more restrictive times for sales, considering local needs. SDCL 9-29-7.
Emergency first responders from both the Police and Fire Departments (which includes Mobile Medic services) have been experiencing the impact of early alcohol sales over the past 4 years. As noted during comment before Council on August 5, 2024, alcohol impacts a large majority of Rapid City’s emergency service calls. Rapid City has higher numbers of ambulance calls compared to other cities of comparable population. This proposed adjustment of the window for alcohol sales is supported by both the RCPD and RCFD, as it would be an effort to conserve resources during Shift 1 and reduce the number of calls in the morning as a result of intoxication. Comments indicate that this may be appropriate timing for the City to make adjustments to the RCMC, as the County services are also looking to make adjustments to their operations in an effort to address the issue of early morning calls involving intoxicated individuals.
In 2020, the Rapid City Council Legal and Finance Committee, without discussion, tabled a similar proposal for changing the time of first alcohol sale from 7:00 a.m. to 10:00 a.m. See attached link to the 7/1/2020 meeting.
Funding Source & Fiscal Impact (if applicable):
| Funding | Cost Center |
|---|---|
Recommendations:
Origination Recommendation Action:
Approve