41-2646. Sale of liquor by the drink in public places; election to prohibit or permit.
41-2646
41-2646. Sale of liquor by the drink in public places; election toprohibit or permit.(a) The board of county commissioners may, by resolution,or shall, upon a petition filed in accordance with subsection (b), submitto the qualified electors of the county at any state general election a proposition to:
(1) Prohibit the sale of alcoholic liquor by the individual drink inpublic places within the county;
(2) permit the sale of alcoholic liquor by the individual drink inpublic places within the county which derive not less than 30% of theirgross receipts from the sale of food for consumption on the premises; or
(3) permit the sale of alcoholic liquor by the individual drink inpublic places within the county without a requirement that any portion oftheir gross receipts be derived from the sale of food.
(b) A petition to submit a proposition to the qualified voters of acounty pursuant to this section shall be filed with the county electionofficer. The petition shall be signed by qualified electors of the countyequal in number to not less than 10% of the electors of the county whovoted for the office of secretary of state at the last preceding generalelection at which such office was elected. The appropriate versionfollowing shall appear on the petition:
"We request an election to determine whether the sale of alcoholic liquorby the individual drink in ______ county shall be (prohibited in publicplaces) (allowed in public places where at least 30% of the gross receiptsare from sales of food for consumption on the premises) (allowed in publicplaces without a requirement that any portion of their gross receipts befrom sales of food)."
(c) Upon the adoption of a resolution or the submission of a validpetition calling for an election pursuant to this section, the countyelection officer shall cause the appropriate version of the followingproposition to be placed on the ballot at the next succeeding state generalelection which occurs more than 90 days after the resolution is adopted orthe petition is filed with the county election officer:
"Shall sale of alcoholic liquor by the individual drink in _____ countybe (prohibited) (allowed in public places where at least 30% of the grossreceipts are from sales of food for consumption on the premises andprohibited in all other public places) (allowedin public places without a requirement that any portion of their grossreceipts be from sales of food)?"
(d) If a majority of the votes cast and counted is in favor of theproposition, the county election officer shall transmit a copy of theresults to the director, who shall issue or refuse to issue temporarypermits and licenses for drinking establishments and caterers within thecounty accordingly and the rights of licensees holding licenses on the dateof the election shall be modified in accordance with the result of theelection as provided by rules and regulations of the secretary.
(e) The election provided for by this section shall be conducted, andthe votes counted and canvassed, in the manner provided by law for questionsubmitted elections of the county.
History: L. 1987, ch. 182, § 92; April 30.