§ 37-522. Publication of notice of intent to apply for license - Notice of approval or disapproval of application - Conditional approval.  


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  • Applicants for original brewer, distiller, winemaker, rectifier, wholesaler, Class B wholesaler, mixed beverage, beer and wine, bottle club, caterer or package store licenses shall, prior to applying for such license, twice publish, in such form and containing such information as the Alcoholic Beverage Laws Enforcement Commission shall by regulation prescribe, a notice of its intention to apply for any such license, once a week for two (2) successive weeks in a legal newspaper of general circulation within the county where the proposed premises is to be located, and file proof of such publication with the ABLE Commission.  Unless otherwise provided, the ABLE Commission shall give notice of approval or disapproval of an application for a license within thirty (30) days after the filing of said application.  The ABLE Commission shall give notice of approval or disapproval of an application for a mixed beverage, beer and wine, bottle club or caterer license within sixty (60) days after the filing of said application.  Provided, the ABLE Commission may extend the period for making a determination of whether to approve or disapprove an application an additional thirty (30) days for good cause.

    The ABLE Commission may conditionally approve any application which is subject to Section 523 of this title if:

    1.  Construction, modification or alteration of premises proposed for licensed operations is not completed; and

    2.  The applicant furnishes a conditional certification issued by the municipality or county that the applicant's plans and specifications indicate that the proposed premises will comply with the municipality's or county's zoning, fire, safety, and health codes.

    The ABLE Commission shall issue its final notice of approval when the applicant furnishes final certificates required by Section 523 of this title.

Added by Laws 1959, p. 153, § 22.  Amended by Laws 1985, c. 6, § 20, emerg. eff. March 14, 1985; Laws 1985, c. 195, § 6, emerg. eff. June 26, 1985; Laws 1994, c. 361, § 7.