41-303. Retailer's license, premises outside city.

41-303

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 3.--LICENSING AND RELATED PROVISIONS; CITY OPTION

      41-303.   Retailer's license, premises outsidecity.(a) The director may issue to qualifiedapplicants licenses to sell at retail alcoholic liquor in theoriginal package on premises not located in an incorporated city for use orconsumption off the premises.No such licenseshall be issued to any applicant unless theapplicant possesses all thequalifications required of other applicants for retailers' licenses exceptthe qualification of residency within a city.

      No such license shallbe issued to any applicant under this section unless theboard of county commissioners ofthe countyin which the premises for which licensure is soughtare located adopts aresolution approving the issuance of such license. A certified copy of suchresolution shallaccompany the application for a license authorized by this section.

      (b)   If a license has been issued underthe provisions ofthis section in theunincorporated area of a county andthereafter the premises so licensed are annexedto a citywherein retail liquor licenses may be issued, suchlicense shall continueto be valid and may be renewed at the appropriate time even though thelicensee does not residein the city to which the area isannexed if thelicensee otherwise isqualified and resides in thetownship in which the premises werelocated prior to annexation or in the city to whichthe premises have been annexed.

      (c)   Any retail license issued prior to the effective dateof this act forpremises not located in an incorporated city shall continue to be valid andsuch premises shallcontinue to be eligible for licensure if the board of countycommissioners of the county in which the premises are located has adopted aresolution approving the issuance of such license. A certified copy of suchresolution shall accompany the application for a license authorized by thissubsection.

      History:   L. 1949, ch. 242, § 19;L. 1965, ch. 315, § 1;L. 1967, ch. 275, § 1;L. 2000, ch. 166, § 1;L. 2004, ch. 94, § 2;L. 2005, ch. 201, § 5;L. 2008, ch. 126, § 5; July 1.