4-209

4-209. Fees for license, application, issuance,
renewal and transfer; late renewal penalty; seasonal operation;
surcharges

A. A fee shall accompany an application for an original license or transfer of a
license, or in case of renewal, shall be paid in advance. Every license expires
annually. A licensee who fails to renew the license on or before the due date shall pay a
penalty of one hundred fifty dollars which the licensee shall pay with the renewal fee.
A license renewal that is deposited, properly addressed and postage prepaid in an
official depository of the United States mail on or before the due date shall be deemed
filed and received by the department on the date shown by the postmark or other official
mark of the United States postal service stamped on the envelope. If the due date falls
on a Saturday, Sunday or other legal holiday, the renewal shall be considered timely if
it is received by the department on the next business day. The director may waive a late
renewal penalty if good cause is shown by the licensee. A licensee who fails to renew the
license on or before the due date may not sell, purchase or otherwise deal in spirituous
liquor until the license is renewed. A license which is not renewed within sixty days
after the due date is deemed terminated. The director may renew the terminated license
if good cause is shown by the licensee. An application fee for an original license or
the transfer of a license shall be one hundred dollars, which shall be retained by this
state.

B. Issuance fees for original licenses shall be:

1. For an in-state producer's license, to manufacture or produce spirituous liquor
in this state, one thousand five hundred dollars.

2. Except as provided in paragraph 15 of this subsection, for an out-of-state
producer's, exporter's, importer's or rectifier's license, two hundred dollars.

3. For a domestic microbrewery license, three hundred dollars.

4. For a wholesaler's license, to sell spirituous liquors, one thousand five
hundred dollars.

5. For a government license issued in the name of a county, city or town, one
hundred dollars.

6. For a bar license, which is an on-sale retailer's license to sell all spirituous
liquors primarily by individual portions and in the original containers, one thousand
five hundred dollars.

7. For a beer and wine bar license, which is an on-sale retailer's license to sell
beer and wine primarily by individual portions and in the original containers, one
thousand five hundred dollars.

8. For a conveyance license issued to an operating railroad company, to sell all
spirituous liquors in individual portions or in the original containers on all passenger
trains operated by the railroad company, or to an operating airline company, to sell or
serve spirituous liquors solely in individual portions on all passenger planes operated
by the airline company, or to a boat operating in the waters of this state, to sell all
spirituous liquors in individual portions or in the original containers for consumption
on the boat, one thousand five hundred dollars.

9. For a liquor store license, which is an off-sale retailer's license to sell all
spirituous liquors, one thousand five hundred dollars.

10. For a beer and wine store license, which is an off-sale retailer's license to
sell beer and wine, one thousand five hundred dollars.

11. For a hotel-motel license issued as such, to sell and serve spirituous liquors
solely for consumption on the licensed premises of the hotel or motel, one thousand five
hundred dollars.

12. For a restaurant license issued as such, to sell and serve spirituous liquors
solely for consumption on the licensed premises of the restaurant, one thousand five
hundred dollars.

13. For a domestic farm winery license, one hundred dollars.

14. For a club license issued in the name of a bona fide club qualified under this
title to sell all spirituous liquors on-sale, one thousand dollars.

15. For an out-of-state winery that sells not more than fifty cases of wine in this
state in a calendar year, twenty-five dollars.

C. The department may issue licenses with staggered renewal dates to distribute the
renewal workload as uniformly as practicable throughout the twelve months of the calendar
year. If a license is issued less than six months before the scheduled renewal date of
the license, as provided by the department's staggered license renewal system, one-half
of the annual license fee shall be charged.

D. The annual fees for licenses shall be:

1. For an in-state producer's license, to manufacture or produce spirituous liquors
in this state, three hundred fifty dollars.

2. Except as provided in paragraph 15 of this subsection, for an out-of-state
producer's, exporter's, importer's or rectifier's license, fifty dollars.

3. For a domestic microbrewery license, three hundred dollars.

4. For a wholesaler's license, to sell spirituous liquors, two hundred fifty
dollars.

5. For a government license issued to a county, city or town, one hundred dollars.

6. For a bar license, which is an on-sale retailer's license to sell all spirituous
liquors primarily by individual portions and in the original containers, one hundred
fifty dollars.

7. For a beer and wine bar license, which is an on-sale retailer's license to sell
beer and wine primarily by individual portions and in the original containers,
seventy-five dollars.

8. For a conveyance license issued to an operating railroad company, to sell all
spirituous liquors in individual portions or in the original containers on all passenger
trains operated by the railroad company, or to an operating airline company, to sell or
serve spirituous liquors solely in individual portions on all passenger planes operated
by the airline company, or to a boat operating in the waters of this state, to sell all
spirituous liquor in individual portions or in the original containers for consumption on
the boat, two hundred twenty-five dollars.

9. For a liquor store license, which is an off-sale retailer's license to sell all
spirituous liquors, fifty dollars.

10. For a beer and wine store license, which is an off-sale retailer's license to
sell beer and wine, fifty dollars.

11. For a hotel-motel license issued as such, to sell and serve spirituous liquors
solely for consumption on the licensed premises of the hotel or motel, five hundred
dollars.

12. For a restaurant license issued as such, to sell and serve spirituous liquors
solely for consumption on the licensed premises of the restaurant, five hundred dollars,
and for a restaurant license that is permitted to continue operating as a restaurant
pursuant to section 4-213, subsection E, an additional amount established by the
director. The department shall transfer this amount to the state treasurer for deposit in
the state general fund.

13. For a domestic farm winery license, one hundred dollars.

14. For a club license issued in the name of a bona fide club qualified under this
title to sell all spirituous liquors on-sale, one hundred fifty dollars.

15. For an out-of-state winery that sells not more than twenty-five cases of wine in
this state in a calendar year, twenty-five dollars.

E. Where the business of an on-sale retail licensee is seasonal, not extending over
periods of more than six months in any calendar year, the licensee may designate the
periods of operation, and a license may be granted for those periods only, upon payment
of one-half of the fee prescribed in subsection D of this section.

F. Transfer fees from person to person for licenses transferred pursuant to section
4-203, subsection C shall be three hundred dollars.

G. Transfer fees from location to location, as provided for in section 4-203, shall
be one hundred dollars.

H. Assignment fees for a change of agent, as provided for in section 4-202,
subsection C, shall be one hundred dollars, except that where a licensee holds multiple
licenses the assignment fee for the first license shall be one hundred dollars and the
assignment fee for all remaining licenses transferred to the same agent shall be fifty
dollars each, except that the aggregate assignment fees shall in no event exceed one
thousand dollars.

I. No fee shall be charged by the department for an assignment of a liquor license
in probate or an assignment pursuant to the provisions of a will or pursuant to a
judicial decree in a domestic relations proceeding which assigns ownership of a business
which includes a spirituous liquor license to one of the parties in the proceeding. In
the case of nontransferable licenses no fee shall be charged by the department for the
issuance of a license for a licensed business pursuant to a transfer of the business in
probate or pursuant to the provisions of a will or pursuant to a judicial decree in a
domestic relations proceeding which assigns ownership of the business to one of the
parties in the proceeding.

J. The director shall assess a surcharge of thirty dollars on all licenses
prescribed in subsection D, paragraphs 6, 7 and 12 of this section. Monies from the
surcharge shall be used by the department exclusively for the costs of an auditor and
support staff to review compliance by applicants and licensees with the requirements of
section 4-205.02, subsection E. The department shall assess the surcharge as part of the
annual license renewal fee.

K. The director shall assess a surcharge of thirty-five dollars on all licenses
prescribed in this section. Monies from the surcharge shall be used by the department
exclusively for the costs of an enforcement program to investigate licensees who have
been the subject of multiple complaints to the department. The enforcement program shall
respond to complaints against licensees by neighborhood associations, by neighborhood
civic groups and from municipal and county governments. The department shall assess the
surcharge as part of the annual license renewal fee.

L. The director shall assess a surcharge of twenty dollars on all licenses
prescribed in subsection D, paragraphs 11 and 12 of this section and thirty-five dollars
on all other licenses prescribed in this section. Monies from the surcharge and from
surcharges imposed pursuant to subsection K of this section shall be used by the
department exclusively for the costs of a neighborhood association interaction and liquor
enforcement management unit. The unit shall respond to complaints from neighborhood
associations, neighborhood civic groups and local governing authorities regarding liquor
violations. The director shall report the unit's activities to the board at each board
meeting or as the board may direct.