Please publish: January 27th, 2016 and February 3, 2016- Meade County Times Tribune
February 1, 2016 - Rapid City Journal
NOTICE FOR SEALED BIDS
COUNTY RETAIL ON-SALE LIQUOR LICENSE
NOTICE IS HEREBY GIVEN that sealed bids will be received by the Meade County Auditor’s Office by February 9th, 2016 @ 5:00 p.m. for one (1) retail on-sale liquor license. Said sealed bids will be opened on February 10th, 2016 @ 1:00 p.m. at the regular meeting of the Meade County Commission.
Said procedure is outlined in the following Resolution passed by the Board of County Commissioners on December 23, 2015:
WHEREAS, the Legislature of the State of South Dakota has provided for the approval of liquor licenses by the boards of county commissioners of the counties of said State pursuant to SDCL
Title 35; and
WHEREAS SDCL §35-4-11.1 provides that the board of county commissioners shall, on or before the first of September in each year, determine by ordinance or continuing resolution the number of on-sale licenses (other than malt beverage) it will approve for the ensuing calendar year and the fees to be charged for the various classifications of licenses; and
WHEREAS, the Meade County Board of County Commissioners has set the number of on sale
liquor dealer licenses at 14 and the fee for such license at $150,000; and
WHEREAS, Meade County currently has issued 13 on-sale liquor dealer licenses, making one such license available for issuance; and
WHEREAS the Meade County Board of Commissioners wishes to make the license available to the public in a fair and impartial manner; and
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Meade County Commission makes the following rules applicable to the issuance of new on-sale liquor dealer licenses:
1. The Meade County Auditor shall cause to be published twice in the Meade County Times and once in the Rapid City Journal an invitation for bids for the purchase of the available on-sale liquor dealer license. The first publication shall be at least ten days prior to the date set by the Board to open bids hereunder.
2. Applicants may apply for the existing on-sale liquor dealer licenses beginning on the date of this resolution by submitting a sealed bid packet to the Meade County Auditor.
Such sealed bid packet shall include the following:
a. Uniform Alcoholic Beverage Application. This must be completed fully and according to its instructions, and bear the necessary original signatures. Photocopies will not be accepted.
b. Application Fee. Certified check, cashier’s check, or bank draft in the amount of Fifteen Percent (15%) of the bid amount. Alternatively, the applicant may submit a surety bond in the amount of Thirty Percent (30%). Either application fee guarantees that the applicant will consummate the purchase of the on sale liquor dealer licenses if the applicant is the successful high bidder for such
license as set forth below.
i. If the applicant fails or refuses to consummate the purchase of the on-sale liquor dealer licenses within 15 days of successful selection, the applicant shall forfeit and the County shall be entitled to retain the application fee as liquidated damages.
ii. In the event that applicant who is the successful high bidder shall not be able to meet the licensing standards set out by SDCL Ch. 35-2, excepting those requirements of SDCL § 35-2-1.2, the applicant shall forfeit and the County shall be entitled to retain the application fee as liquidated damages.
iii. The successful high bidder shall have the application fee credited toward the issuance fee for the on-sale liquor dealer license.
iv. Those unsuccessful bidders shall have their application fee refunded immediately.
c. Deadline and Bid Requirements. All bids for the on-sale liquor dealer license shall be delivered to the office of the Meade County Auditor not later than 5:00 p.m. on the day prior to the date set by the Board to open bids hereunder. The sealed bid shall contain the Uniform Alcoholic Beverage application, the Application Fee, and the amount bid.
d. High Bid. The sealed bids for on-sale liquor dealer licenses shall be opened in an open meeting of the County Commission.
i. Each sealed bid shall be reviewed for completeness of the bid requirements.
ii. The County Commission may reject any and all bids if none of the bids are satisfactory or if they believe an agreement has been entered into by the bidders to prevent competition.
iii. If two or more sealed bids are identical in price, and are the high bid, the County Commission through the Chairman or through his designee shall award by auction to one of the identical high bidders.
iv. If not rejected as above, the application of the high bidder will be accepted by the County Commission and that applicant’s application shall be set for hearing in accordance with SDCL Ch. 35-2.
3. In the event the applicant refuses to consummate the purchase of the on-sale liquor dealer license or fails to meet the licensing standards set out by SDCL Ch. 35-2, excepting those requirements of SDCL § 35-2-1.2, a subsequent invitation for bids shall be held according to the terms of this Resolution.
4. In the event that no valid applications are received by the Meade County Auditor by 5:00 p.m. on the day prior to the date set by the Board to open bids hereunder, the on-sale liquor dealer licenses shall become available on a first-come, first served basis, subject to the statutory licensing terms regarding notice, hearing, and all license requirements. For purposes of this resolution, “first-come first-served” shall mean that the first fully and accurately completed application for on-sale liquor dealer licenses which is submitted to the office of the Meade County Auditor with the issuance fee of $225,000 in good funds shall be entitled to have their application noticed and heard in accordance with the alcoholic beverage licensing statutes.
5. In the event the first-come first-served applicant is not able to meet the licensing standards set out by SDCL Ch. 35-2, the applicant who next submits a fully and accurately completed application together with the issuance fee shall be next considered.
DATED this 23rd day of December, 2015.
APPROVED: _/s/ Alan Aker___________________
Alan Aker, Chairman
ATTEST: _/s/ Lisa Schieffer_______________
Lisa Schieffer, Auditor
Published twice at the total approximate amount of ____________________.