(1) (a) Ninety days before the expiration
date of an existing license, the state licensing authority and, for licenses issued by
a local licensing authority, the local licensing authority shall notify the licensee of
the expiration date by any method reasonably likely to actually notify the licensee.
The state licensing authority shall promulgate rules setting the procedure for the
state licensing authority to notify a licensee in accordance with this subsection
(1)(a).
(b) For the renewal of an existing license, the licensee must apply to the
local licensing authority not less than forty-five days and to the state licensing
authority not less than thirty days before the date of expiration. The local licensing
authority shall not accept an application for renewal of a license after the date of
expiration, except as provided in subsection (2) of this section. Filing with the local
licensing authority is deemed filing with the state licensing authority. The state
licensing authority shall process all renewal applications that are filed with the
local licensing authorities before the expiration date and subsequently approved
and shall extend the expiration date until the state license application process is
completed. The state or the local licensing authority, for good cause, may waive the
forty-five- or thirty-day time requirements set forth in this subsection (1)(b).
(c) The local licensing authority may hold a hearing on the application for
renewal, but not until a notice of hearing has been conspicuously posted on the
licensed premises for ten days and notice of the hearing has been provided the
applicant at least ten days before the hearing. The licensing authority may refuse to
renew any license for good cause, subject to judicial review. The state licensing
authority shall hold any renewal hearing in accordance with section 44-3-305 (2).
(2) (a) Notwithstanding the provisions of subsection (1) of this section, a
licensee whose license has been expired for not more than ninety days may file a
late renewal application upon the payment of a nonrefundable late application fee
of five hundred dollars each to the state and local licensing authorities. A licensee
who files a late renewal application and pays the requisite fees may continue to
operate until both state and local licensing authorities have taken final action to
approve or deny the licensee's late renewal application.
(b) A state or local licensing authority shall not accept a late renewal
application more than ninety days after the expiration of a licensee's permanent
annual or biennial license. A licensee whose permanent annual or biennial license
has been expired for more than ninety days must apply for a new license pursuant
to section 44-3-311 or a reissued license pursuant to subsection (2)(d) of this
section.
(c) Notwithstanding the amount specified for the fee in subsection (2)(a) of
this section, the state licensing authority by rule or as otherwise provided by law
may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3) to
reduce the uncommitted reserves of the fund to which all or any portion of the fee
is credited. After the uncommitted reserves of the fund are sufficiently reduced,
the state licensing authority by rule or as otherwise provided by law may increase
the amount of the fee as provided in section 24-75-402 (4).
(d) (I) Notwithstanding subsection (2)(b) of this section, with the permission
of the licensing authority, a licensee whose permanent annual or biennial license
has been expired for more than ninety days but less than one hundred eighty days
may submit to the local licensing authority, or to the state licensing authority in the
case of a licensee whose alcohol beverage license is not subject to issuance or
approval by a local licensing authority, an application for a reissued license. The
licensing authority has the sole discretion to determine whether to allow a licensee
to apply for a reissued license.
(II) If the licensing authority does not allow the licensee's application, then
the licensee must apply for a new license pursuant to section 44-3-311. A person
who has applied for a new license shall not sell, or possess for sale in public view,
any alcohol beverage until all required licenses have been obtained.
(III) For licensees subject to issuance or approval by a local licensing
authority, if the local licensing authority allows the licensee to apply for a
reissuance of the expired license, the licensee must submit to the local licensing
authority:
(A) An application for a reissued license;
(B) Payment of a five-hundred-dollar late application fee; and
(C) Payment of a fine of twenty-five dollars per day for each day the license
has been expired beyond ninety days.
(IV) After the local licensing authority accepts the application, late
application fee, and fine, the licensee may continue to operate and sell alcohol
beverages until the state licensing authority and local licensing authority have each
taken final action on the licensee's application for license reissuance.
(V) If the local licensing authority approves the reissuance of the licensee's
license, the local licensing authority shall forward the approved application to the
state licensing authority for review. In addition to the late application fee and fine
imposed by the local licensing authority, the state licensing authority shall impose a
five-hundred-dollar late application fee and a fine of twenty-five dollars per day for
each day the license has been expired beyond ninety days.
(VI) For licensees who are not subject to issuance or approval by a local
licensing authority, if the state licensing authority allows the licensee to apply for a
reissuance of the expired license, the licensee must submit to the state licensing
authority:
(A) An application for a reissued license;
(B) Payment of a five-hundred-dollar late application fee; and
(C) Payment of a fine of twenty-five dollars per day for each day the license
has been expired beyond ninety days.
(VII) After the state licensing authority accepts the application, late
application fee, and fine, the licensee may continue to operate and sell alcohol
beverages until the state licensing authority takes final action on the licensee's
application for license reissuance.
(VIII) (A) Except as provided in subsection (2)(d)(VIII)(B) of this section, if the
state licensing authority approves the reissuance of a license, the licensee
maintains the same license period dates as if the license had been renewed prior to
the expiration date.
(B) If the state licensing authority approves the reissuance of an expired
license that was a biennial license, the state licensing authority must reissue an
annual license instead of a biennial license.
(IX) If either the local or state licensing authority denies the licensee's
application for reissuance of the expired license, then the licensee may apply for a
new license pursuant to section 44-3-311.
(X) Neither the state nor local licensing authority may grant a licensee's
application for license reissuance more than three times in any five-year period.
(3) (a) A person licensed solely by the state licensing authority pursuant to
this article 3 or article 4 of this title 44 and in good standing with the state
licensing authority may file an application with the state licensing authority to
renew the license for a two-year period. A person licensed by both the state and
local licensing authorities pursuant to this article 3 or article 4 of this title 44 and in
good standing with both the state licensing authority and a local licensing authority
may file an application as specified in subsection (1)(b) of this section to renew the
license for a two-year period.
(b) A licensee granted a biennial license pursuant to this subsection (3) shall
pay the applicable fee required by sections 44-3-501 (1) and (3) and 44-3-505 (1)
annually as follows:
(I) The first payment must be submitted with the application to renew the
license for a two-year period; and
(II) The second payment must be submitted by a date specified by the state
licensing authority that is twelve months after the biennial license application is
filed.
(c) This subsection (3) applies to licenses issued by a local licensing
authority only if the governing body of the county, city and county, or municipality
with jurisdiction over the local licensing authority adopts an ordinance or resolution
authorizing the issuance of biennial licenses.
(d) The state licensing authority shall adopt rules necessary to implement
and administer this subsection (3).