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Council grants conditional renewal of McPins' on‑sale liquor license after owner appeals

Dell Rapids City Council · November 4, 2024
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Summary

After an emotional plea from restaurant‑bar owner Casey McCoy, the Dell Rapids City Council approved a conditional renewal of the McPins on‑sale liquor license pending payment of all taxes, completed application paperwork and required state checks by year end.

The Dell Rapids City Council voted to renew the on‑sale liquor license for McPins LLC on the condition that the applicant complete the license application and pay all outstanding taxes and fees before the end of the year.

At a public hearing, finance staff told the council that the city had not received all required paperwork and that property taxes for 2024 appeared unpaid; staff also reported prior suspensions of the operator for delinquent payments. The council allowed the applicant to respond in person.

Casey McCoy, identified in the record as the applicant for McPins, delivered an extended statement describing operational pressures and recent efforts to catch up on obligations. "By not renewing the license, you have all but put me out of business," McCoy said. She added, "I chose to pay my 27 employees before I chose to pay you," and said the property taxes were paid shortly after the finance officer noted they were missing.

The city attorney cited state statute SDCL 35‑2‑24 and told council members that state law prohibits reissuing a license unless municipal and state sales tax accounts, unemployment taxes and property taxes are current. "No license may be reissued unless the municipal and state sales tax licenses are current and ... all of the property taxes are current," the attorney said while explaining the state’s review role.

Council members expressed sympathy for the applicant while noting the city’s contractual operating agreements with licensees require on‑time payment of invoices. After discussion, council members moved to approve the on‑sale license for McPins LLC with a contingency: completion of the application process and payment of all required taxes and city accounts prior to year‑end so the finance officer could forward the application to the state for final processing. The finance officer said she would transmit the application once those items were visible in city/state systems.

A roll‑call vote followed; each council member present recorded an affirmative vote and the contingent approval carried.

The decision leaves the license in place provided the applicant meets the listed conditions; the council noted that enforcement of operating agreements and any future late‑payment issues remain within the city’s contractual authority. The city’s final administrative action will be forward transmission to the state liquor licensing authority after staff verifies the taxes and paperwork have been received.

Next steps: the applicant must deliver the outstanding paperwork and evidence of paid taxes and fees before the end of the year for the state to reissue the license.