1. (1) Authority. This rule is made pursuant to the implicit authority Title 32B, Chapter 10, Special Use Permit Act, and the explicit authority of section 32B-2-202, which authorizes the Commission to make rules regarding the procedures and criteria for a permittee applicant.

2. (2) An application for a special use permit will only be included on the agenda of a monthly Commission meeting for consideration for issuance of a special use permit if:

   1. (a) the applicant has first met all requirements of sections 32B-1-304 and 32B-10-202 and 32B-10-205, including submission of a completed application, payment of application and permit fees if required for the type of permit being sought, statement of purpose for which the applicant applies for the permit, types of alcoholic product the person intends to use under the permit, written consent of local authority, a bond if required, and a floor plan if required; and
   2. (b) the Department has inspected the premise where the applicant intends to utilize the permit.

3. (3)(a) All application requirements of subpart (2)(a) of this rule must be filed with the Department no later than the 10th day of the month in order for the application to be included on that month's Commission meeting agenda unless the 10th day of the month is a Saturday, Sunday, or state or federal holiday, in which case all application requirements of subpart (2)(a) must be filed on the next business day after the 10th day of the month.

   1. (b) An incomplete application will be returned to the applicant.

      c) A completed application filed after the deadline in subpart (3)(a) of this rule will not be considered by the Commission that month, but will be included on the agenda of the Commission meeting the following month.

KEY: alcoholic beverages

Date of Last Change: February 25, 2020

Notice of Continuation: February 5, 2025

Authorizing, and Implemented or Interpreted Law: 32B-2-202