§ 97-D. Temporary wholesale permit.
446 words·~2 min read·
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§ 97-d. Temporary wholesale permit. 1. Any person may apply to the
liquor authority for a temporary permit to operate any alcoholic
beverage wholesale facility as may be licensed under this chapter. Such
application shall be in writing and verified and shall contain
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft in the amount of one hundred
twenty-five dollars for such permit.
2. Upon application, the liquor authority may issue such temporary
permit when:
(a)the applicant has a wholesale license application at the same
premises pending before the liquor authority, together with all required
filing and license fees;
(b)the applicant has obtained and provided evidence of all permits,
licenses and other documents necessary for the operation of such a
business; and
(c)any current license in effect at the premises has been surrendered
or placed in safekeeping, or has been deemed abandoned by the authority.
3. The liquor authority in granting such permit shall ensure that:
(a)issuance of the permit will not inordinately hinder the operation
or effective administration of this chapter;
(b)the applicant would in all likelihood be able to ultimately obtain
the wholesale license being applied for; and
(c)the applicant has substantially complied with the requirements
necessary to obtain such license.
4. The application for a permit shall be approved or denied by the
liquor authority within forty-five days after the receipt of such
application.
5. A temporary permit shall authorize the permittee to operate a
wholesale facility for the purchase, warehousing, and sale of alcoholic
beverages according to the laws applicable to the type of wholesale
license being applied for.
6. Such temporary permit shall remain in effect for six months or
until the wholesale license being applied for is approved and the
license granted, whichever is shorter. Such permit may be extended at
the discretion of the liquor authority for additional three-month
periods of time upon payment of an additional fee of fifty dollars for
each such extension.
7. Notwithstanding any provision of law to the contrary, a temporary
wholesale permit may be summarily cancelled or suspended at any time if
the liquor authority determines that good cause for cancellation or
suspension exists. The liquor authority shall promptly notify the
permittee in writing of such cancellation or suspension and shall set
forth the reasons for such action.
8. The liquor authority in reviewing such application shall review the
entire record and grant the temporary permit unless good cause is
otherwise shown. A decision on an application shall be based on
substantial evidence in the record and supported by a preponderance of
the evidence in favor of the applicant.