February 1, 1982

Mr. Chris Beesley 
Deputy State's Attorney 
Butte County Courthouse 
Belle Fourche, South Dakota 57717

Official Opinion No. 82-6

Lease of County Fairgrounds to Private Person

Dear Mr. Beesley:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

As provided by SDCL 7-27-10, the Butte County Commissioners have appointed a county fair board to manage and control the county fair.  The county fair board desires to lease the fairgrounds to a private individual for purposes of operating stock car races for profit. The lease agreement would specifically exclude races during the week of the county fair, and a percentage of the profits would be paid to the county fair board.

Based on the above facts, you have asked the following question:

QUESTION: 

Can the county fair board do this?

SDCL 7-27-12 provides: 

The county commissioners, county fair board or nonprofit operating corporation are authorized and empowered to lease the fair grounds and fair buildings or any part thereof to any person, persons, corporation, association or organization in their discretion, either for the purpose of having such person, persons, corporation, association or organization take charge of and operate all or any part of the county fair or for organization meetings, entertainment, livestock shows, horse or any other types of races  and for any and all other purposes in their discretion which serve and benefit the public.

In view of § 7-27-12, the county fair board may lease the fairgrounds to a private individual 'for . . . other types of races.'  In my opinion, stock car races fall within the ambit of other types of races and, therefore, the action contemplated by the fair board is permissible.

Respectfully submitted,

Mark V. Meierhenry
Attorney General