§ 44-3-310 — Optional premises license - local option

(1) No optional premises
license, or optional premises permit for a hotel and restaurant license, as defined in
section 44-3-103 (33)(a), shall be issued within any municipality or the
unincorporated portion of any county unless the governing body of the municipality
has adopted by ordinance, or the governing body of the county has adopted by
resolution, specific standards for the issuance of optional premises licenses or for
optional premises for a hotel and restaurant license. No municipality or county shall
be required to adopt such standards or make such licenses available within its
jurisdiction.

(2) In addition to all other standards applicable to the issuance of licenses
under this article 3, the governing body may adopt additional standards for the
issuance of optional premises licenses or for optional premises for a hotel and
restaurant license that may include:

(a) The specific types of outdoor sports and recreational facilities that are
eligible to apply for an optional premises license or an optional premises for a hotel
and restaurant license;

(b) Restrictions on the number of optional premises that any one licensee
may have on an outdoor sports or recreational facility;

(c) A restriction on the minimum size of any applicant's outdoor sports or
recreational facility that would be eligible for the issuance of an optional premises
license or optional premises for a hotel and restaurant license;

(d) Any other requirements necessary to ensure the control of the premises
and the ease of enforcement.

(3) An applicant for a hotel and restaurant license who desires to sell or
serve alcohol beverages on optional premises shall file with the optional premises
permit application a list of the optional premises locations. The application and list
shall be filed with the state and local licensing authorities upon initial application,
and each license year thereafter. Approval of the areas must be obtained from the
state licensing authority and the local licensing authority. The decision of each
authority shall be discretionary. In the event that the state and local licensing
authorities allow the area or areas to be designated optional premises, no alcohol
beverages may be served on the optional premises without the licensee having
provided written notice to the state and local licensing authorities forty-eight hours
prior to serving alcohol beverages on the optional premises. The notice shall
contain the specific days and hours on which the optional premises are to be used.
This subsection (3) shall not be construed to permit the violation of any other
provision of this article 3 under circumstances not specified in this subsection (3).

(4) An applicant for an optional premises license who desires to sell,
dispense, or serve alcohol beverages on optional premises shall file with the
optional premises license application a list of the optional premises locations and
the area in which the applicant desires to store alcohol beverages for future use on
the optional premises. The applicant shall file the application and additional
information with the state and local licensing authorities upon initial application
and each license year thereafter. Approval of the license and areas must be
obtained from the state licensing authority and the local licensing authority. The
decision of each authority shall be discretionary. In the event that the state and
local licensing authorities allow the area or areas to be designated optional
premises, no alcohol beverages may be served on the optional premises without the
licensee having provided written notice to the state and local licensing authorities
forty-eight hours prior to serving alcohol beverages on the optional premises. The
notice must contain the specific days and hours on which the optional premises are
to be used. This subsection (4) does not permit the violation of any other provision
of this article 3 under circumstances not specified in this subsection (4).

Legislative History

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 983, � 2, effective October 1.