UPDATES: Sioux Falls issues; You KANT tell me who I can and cannot sell booze to.


Just another image of Sioux Falls code enforcement hard at work.

As I reported on Tuesday, the 2004 sewer backup numbers were left out of the Water reclamation audit. I received the number today from a city official; 187 backups. No wonder they left it out of the audit. What a bunch of crap . . . literally.

Also, I see the Gargoyle Leader is covering a story South DaCola reported on in August, the sidewalk debacle;

The proposed new ordinance is the product of a work group including downtown business owners, city center residents, members of Downtown Sioux Falls and city staff. The group began meeting early this year, according to Sioux Falls Senior Planner Erica Beck. Their goal was “to provide a more comprehensive ordinance that reflects the existing uses of the public right-of-way,” she said.

If you read the entire story you will notice there is no mention of Stogeez breaking state law by not serving 50% food with alcohol on public property. Except for this little tidbit;

“There was really not much in there about running a bar or restaurant on the city streets.”

State law does allow municipalities to grant sidewalk permits (35-4-77.1) to businesses licensed to sell alcohol “provided that the license holder derives more than fifty percent of its gross receipts from the sale of prepared food for consumption on the licensed premises.”

So instead of fining the business owner, they are just going to revise the ordinance and pretend no laws were broken? That is normal operating procedure for the city. Pick on homeowners for having a one foot snow drift across their sidewalk, but when a prominent bar owner breaks state law for several years, just turn the other way then change the laws.


#1 Plaintiff Guy on 10.08.09 at 8:09 pm

After city codes are amended allowing for drinking in public right-of-way, there is serious taxpayer liability. If someone has a cocktail and is killed wandering into the street, the bar will take bankruptcy and lawyers will come after the city for millions. Present code is vague but better protection in that it does not specifically address imbibed alcohol endorsed by the city. There are professional con artists who can’t wait to take a fake fall.

#2 l3wis on 10.09.09 at 7:07 am

I found a couple sections of today’s story interesting;


Particular these portions;

A 7-foot pathway for pedestrians when curbside areas are used for food, sales and entertainment.

Ratio of one chair per 10 square feet of outdoor dining areas.

That’s gonna cut down on Stogeez business

#3 Ghost of Dude on 10.09.09 at 7:48 am

Next time I walk by stogeez, I’m bringing a measuring tape.

#4 l3wis on 10.09.09 at 7:56 am

I can’t wait to see the council meeting this is debated at. It’s fun watching Tim’s head explode in front of the council, he’s like a human grenade.

The irony of the 7 foot rule is that I got into last summer with the security guard there about the sidewalk space. I was pushing my bike through and the sidewalk was completely blocked with chairs and people blabbing and had to navigate through them. The security guard excused me of ‘causing problems’.

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