§281-17.5  Fees; justified, method ofchange, limitation.  (a)  Any liquor license fee or any increase in anexisting liquor license fee sought to be implemented by any commission shallhave, as its justification, a direct and proportionate relationship to costsand expenses of the commission in its control, supervision, or regulation ofthe manufacture, importation, and sale of liquors, or otherwise directly relateto actual costs and expenses of administration of the commission as is setforth in this chapter.

(b)  Any such liquor license fees or any moneyscollected or received by any liquor commission under this chapter may only beused for costs and expenses directly relating to operational and administrativecosts actually incurred by the liquor commission collecting or receiving suchliquor license fees or moneys.  Such fees or moneys shall not be used for anycosts or expenses other than those directly relating to its operation andadministration, except as otherwise provided by law.

(c)  Any increase in the liquor license feestructure shall only be initiated by the liquor commission seeking the changewith the approval of the county's legislative body and mayor.

(d)  Any liquor commission seeking a change inliquor license fee structure shall notify all licensees under this chapteraffected by the change of the proposed change and shall notify each suchlicensee of the outcome and resolution of the change.

(e)  Any liquor commission which currentlyreceives a license fee from a licensee in excess of the amount prescribed bythis section shall immediately revise its liquor license fee structure toconform with the requirements of this section.  Any funds in excess of twentyper cent of the commission's current budget shall be returned or credited annuallyto existing licensees. [L 1980, c 304, §2; am L 1987, c 252, §2; am L 1996, c96, §1; am L 1997, c 5, §1; am L 2008, c 168, §3]

 

Attorney General Opinions

 

  Term "funds" in subsection (e) synonymous with"fees".  Att. Gen. Op. 92-02.