(1) The
licenses to be granted and issued by the state licensing authority pursuant to this
article 4 for the retail sale of fermented malt beverages or fermented malt
beverages and wine are as follows:
(a) and (b) Repealed.
(c) (I) (A) A retailer's license shall be granted and issued to any person,
partnership, association, organization, or corporation qualifying under section 44-3-301 and not prohibited from licensure under section 44-3-307 to sell at retail
fermented malt beverages and wine either for consumption off the licensed
premises, or fermented malt beverages for consumption on the licensed premises
or, subject to subsection (1)(c)(III) of this section, fermented malt beverages for
consumption on and off the licensed premises, upon paying an annual license fee of
seventy-five dollars to the state licensing authority.
(B) A person licensed pursuant to this subsection (1)(c) to sell fermented
malt beverages or fermented malt beverages and wine at retail shall purchase the
fermented malt beverages or fermented malt beverages and wine only from a
wholesaler licensed pursuant to article 3 of this title 44.
(II) Except as otherwise provided in subsection (1)(c)(III) of this section:
(A) The state licensing authority shall not issue a new or renew a fermented
malt beverage retailer's license for the sale of fermented malt beverages for
consumption on and off the licensed premises; and
(B) Any licensee holding a fermented malt beverage license authorizing the
sale of fermented malt beverages for consumption on and off the licensed premises
that was issued by the state licensing authority under this subsection (1)(c) before
June 4, 2018, that applies to renew the license on or after June 4, 2018, and whose
licensed premises is located in a county with a population of thirty-five thousand or
more and not in an underserved area must simultaneously apply to convert the
license either to a license for the sale of fermented malt beverages at retail for
consumption off the licensed premises or to a license for the sale of fermented
malt beverages at retail for consumption on the licensed premises.
(III) (A) The state licensing authority may issue a new or renew a fermented
malt beverage retailer's license for the sale of fermented malt beverages for
consumption on and off the licensed premises if the licensed premises is located in
a county with a population of less than thirty-five thousand or in an underserved
area.
(B) Repealed.
(IV) As used in this subsection (1)(c), underserved area means an area that
is within a county with a population of thirty-five thousand or more but lies outside
of municipal boundaries or is a city or town with a population of less than seven
thousand five hundred.
(V) For purposes of this subsection (1)(c), population is determined according
to the most recently available population statistics of the United States census
bureau.
(d) Repealed.
(e) (I) Notwithstanding any law to the contrary, beginning on January 31,
2019, the state licensing authority shall not issue or renew any licenses under this
section except for licenses authorized under subsection (1)(c) of this section.
(II) Licenses issued by the state licensing authority under subsection (1)(a),
(1)(b), or (1)(d) of this section in effect on January 31, 2019, immediately convert, on
January 31, 2019, without any further act by the state licensing authority or the
licensee, as follows:
(A) A manufacturer's license that was issued under subsection (1)(a) of this
section, as it existed before January 31, 2019, converts to a manufacturer's license
issued pursuant to section 44-3-402 for the manufacture of malt liquors;
(B) A wholesaler's license that was issued under subsection (1)(b) of this
section, as it existed before January 31, 2019, converts to a wholesaler's beer
license issued pursuant to section 44-3-407 (1)(b);
(C) A nonresident manufacturer's license that was issued under subsection
(1)(d)(I) of this section, as it existed before January 31, 2019, converts to a
nonresident manufacturer's license issued pursuant to section 44-3-406 (1); and
(D) An importer's license that was issued under subsection (1)(d)(II) of this
section, as it existed before January 31, 2019, converts to a malt liquor importer's
license issued pursuant to section 44-3-406 (2).
(III) The conversion of a license issued under subsection (1)(a), (1)(b), or (1)(d)
of this section to a license issued under article 3 of this title 44 pursuant to
subsection (1)(e)(II) of this section is a continuation of the prior license issued
pursuant to this article 4 and does not affect:
(A) Any prior discipline, limitation, or condition imposed by the state
licensing authority on a licensee;
(B) The deadline for renewal of a license; or
(C) Any pending or future investigation or administrative proceeding.
(2) Notwithstanding the amount specified for any fee in subsection (1) of this
section, the state licensing authority, by rule or as otherwise provided by law, may
reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3) to reduce the uncommitted reserves of the fund to which all or any
portion of one or more of the fees 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 one or more of the fees as
provided in section 24-75-402 (4).
(3) Repealed.
(4) It is unlawful for any retail licensee under this article 4 to be interested
financially, directly or indirectly, in the business of any manufacturer or wholesaler
or any person, partnership, association, organization, or corporation interested in or
with any of the manufacturers or wholesalers licensed pursuant to article 3 of this
title 44.