§281-17.5  Fees; justified, method of
change, limitation.  (a)  Any liquor license fee or any increase in an
existing liquor license fee sought to be implemented by any commission shall
have, as its justification, a direct and proportionate relationship to costs
and expenses of the commission in its control, supervision, or regulation of
the manufacture, importation, and sale of liquors, or otherwise directly relate
to actual costs and expenses of administration of the commission as is set
forth in this chapter.



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



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



(d)  Any liquor commission seeking a change in
liquor license fee structure shall notify all licensees under this chapter
affected by the change of the proposed change and shall notify each such
licensee of the outcome and resolution of the change.



(e)  Any liquor commission which currently
receives a license fee from a licensee in excess of the amount prescribed by
this section shall immediately revise its liquor license fee structure to
conform with the requirements of this section.  Any funds in excess of twenty
per cent of the commission's current budget shall be returned or credited annually
to existing licensees. [L 1980, c 304, §2; am L 1987, c 252, §2; am L 1996, c
96, §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.