Temporary retail liquor license to sell alcoholic liquors by the drink upon purchase or acquisition of retail business.

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(A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors by the drink from a holder of a license to sell alcoholic liquors by the drink at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance, and the applicant:

(1) currently holds a valid license to sell alcoholic liquors by the drink; or

(2) has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.

(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for more than one hundred twenty days from the date of issuance.

(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to pursue the permanent license in a timely manner, as set forth by the department by regulation.

(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State.

HISTORY: 1996 Act No. 458, Part II, Section 58B; 1998 Act No. 442, Section 5C; 2005 Act No. 139, Section 18.


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