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4-206.01. Bar, beer and wine bar or liquor
store licenses; number permitted; fee; sampling
privileges

A. The director shall determine the total number of spirituous liquor licenses by
type and in each county. The director shall publish a listing of that information as
determined by the director.

B. In each county, the director shall issue additional bar, beer and wine bar or
liquor store licenses at the rate of one of each type for each additional ten thousand
person increase over the population in that county as of July 1, 2010. For purposes of
this subsection, the population of a county is deemed to be the population estimated by
the department of economic security as of July 1 of each year.

C. A person issued a license authorized by subsection B of this section shall pay
an additional issuance fee equal to the license's fair market value that shall be paid to
the state general fund. The fair market value shall be defined to mean the mean value of
licenses of the same type sold on the open market in the same county during the prior
twelve months, but if there are not three or more such sales then the fair market value
shall be determined by three appraisals furnished to the department by independent
professional appraisers employed by the director.

D. The director shall employ professional appraisal services to determine the fair
market value of bar, beer and wine bar or liquor store licenses.

E. If more than one person applies for an available license, a priority of
applicants shall be determined by a random selection method prescribed by the director.

F. After January 1, 2011, bar licenses and beer and wine bar licenses shall be
issued and used only if the clear primary purpose and actual primary use is for on-sale
retailer privileges. The off-sale privileges associated with a bar license and a beer and
wine bar license shall be limited to a minor use, which is clearly auxiliary to the
primary on-sale privilege. A bar license or a beer and wine bar license shall not be
issued or used if the associated off-sale use, by total retail liquor sales, exceeds ten
per cent of the sales price of on-sale spirituous liquors by the licensee at that
location.

G. The director may issue a beer and wine store license to the holder of a beer and
wine bar license simultaneously at the same premises. An applicant for a beer and wine
bar license and a beer and wine store license may consolidate the application and may
apply for both licenses at the same time. The holder of each license shall fully comply
with all applicable provisions of this title. A beer and wine bar license and beer and
wine store license on the same premises shall be owned by and issued to the same
licensee.

H. The director may issue a beer and wine bar license to the holder of a liquor
store license issued simultaneously at the same premises. An applicant for a liquor
store license and a beer and wine bar license may consolidate the application and may
apply for both licenses at the same time. The holder of each license shall fully comply
with all applicable provisions of this title. A liquor store license and a beer and wine
bar license on the same premises shall be owned by and issued to the same licensee.

I. The director may issue a restaurant license to the holder of a beer and wine bar
license issued simultaneously at the same premises. An applicant for a restaurant license
and a beer and wine bar license may consolidate the application and may apply for both
licenses at the same time. The holder of each license shall fully comply with all
applicable provisions of this title. A restaurant license and a beer and wine bar license
on the same premises shall be owned by and issued to the same licensee. The limitation
set forth in subsection f with respect to the off-sale privileges of the beer and wine
bar licenses shall be measured against the on-sales of beer and wine sales of the
establishment. For purposes of compliance with section 4-205.02, subsection G, paragraph
2, it shall be conclusively presumed that all on premises sales of spirituous liquors are
made under the authority of the restaurant license.

J. An applicant for a liquor store license or the licensee of a liquor store
license may apply for sampling privileges associated with the license. a person desiring
a sampling privilege associated with a liquor store license shall apply to the director
on a form prescribed and furnished by the director. The application for sampling
privileges may be filed for an existing license or may be submitted with an initial
license application. The request for sampling approval, the review of the application and
the issuance of approval shall be conducted under the same procedures for the issuance of
a spirituous liquor license prescribed in section 4-201. After a sampling privilege has
been issued for a liquor store license, the sampling privilege shall be noted on the
license itself and in the records of the department. The sampling rights associated with
a license are not transferable. Notwithstanding section 4-244, paragraph 19, a liquor
store licensee that holds a license with sampling privileges may provide spirituous
liquor sampling subject to the following requirements:

1. Any open product shall be kept locked by the licensee when the sampling area is
not staffed.

2. The licensee is otherwise subject to all other provisions of this title. The
licensee is liable for any violation of this title committed in connection with the
sampling.

3. The licensed retailer shall make sales of sampled products from the licensed
retail premises.

4. The licensee shall not charge any customer for the sampling of any products.

5. The sampling shall be conducted under the supervision of an employee of a
sponsoring distiller, vintner, brewer, wholesaler or retail licensee.

6. Accurate records of sampling products dispensed shall be retained by the
licensee.

7. Sampling shall be limited to three ounces of beer or cooler-type products, one
ounce of wine and one ounce of distilled spirits per person, per brand, per day.

8. The sampling shall be conducted only on the licensed premises.

K. If a beer and wine bar license and a beer and wine store license are issued at
the same premises, for purposes of reporting liquor purchases under each license, all
spirituous beverages purchased for sampling are conclusively presumed to be purchased
under the beer and wine bar license and all spirituous liquor sold off-sale are
conclusively presumed to be purchased under the beer and wine store license.