An Ordinance Amending Sections 6-141, 6-146 And 6-149 of the Code of Ordinances of the City of Brookings, South Dakota, and pertaining to Commercial Pedal Cars in the City of Brookings, South Dakota.
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows:
That Sections 6-141, 6-146 and 6-149, pertaining to Commercial Pedal Cars, are hereby amended to read as follows:
Sec. 6-141. Definitions. As used in this article, the following terms shall have the meanings indicated:
Alcohol Beverages: Means any distilled spirits, wine and malt beverages as defined in SDCL Chapter 35.
Commercial Pedal Car/ also known as a Quadricycle: A vehicle with fully operational pedals for propulsion primarily by human power (a motor assist may be utilized), that has four wheels and is operated in a manner similar to a bicycle, that is equipped with at least four (4) seats for passengers, that is designed to be occupied by a driver and passengers providing pedal power to the drive train of the vehicle, that is used for commercial purposes.
Malt Beverages: Has the meaning set forth in SDCL 35-1-1(8).
Wine and Wine Based Beverages: Has the meaning set forth in SDCL 35-1-1(25).
Sec. 6-146. Consumption of alcoholic beverages.
(1) No alcohol beverage, other than beer, wine, hard cider or malt-based beverages may be consumed by passengers of a commercial pedal car.
(2) The above restrictions shall apply whenever a pedal car is being used or operated.
Sec. 6-149. Pedal car operator requirements.
(1) The operator of a commercial pedal car must be twenty-one (21) years of age and must have a valid Driver's License to drive/operate a commercial pedal car in the City of Brookings.
(2) No operator of a commercial pedal car may consume alcohol while the commercial pedal car is occupied by passengers.
(3) No operator may operate a commercial pedal car while impaired in any manner which would violate SDCL 32-12A-43 (Operation of a commercial motor vehicle with any measurable or detectable amount of alcohol in system prohibited).
(4) No operator may operate a commercial pedal car on which any alcohol beverages are carried or consumed other than beer, wine, hard-cider or malt based beverages.
(5) The owner or operator of a commercial pedal car shall advise
passengers that they may only consume beer, wine, hard-cider or malt based beverages on a pedal car.
(6) No person shall operate a commercial pedal car if alcoholic beverages are present unless all passengers at all times are twenty-one (21) years of age.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: April 26, 2022
Second Reading: May 10, 2022
City of Brookings, South Dakota
ATTEST: Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk