YSC, Title 30. Alcoholic Beverages
 
 
 
Chapter 3:  Licenses

301.  License required.
302.  Lack of license.
303.  Classes and fees.
304.  Multiple activities.
305.  Separate places of business.
306.  Payment and return of fee.
307.  Expiration and renewal; late fee.
308.  Restriction on issuance of license.
309.  Nontransferable.
310.  Retail off-sale.
311.  Appeal of decision of the Board.

     301.  License required.
     No person shall sell any alcoholic beverages in the State without a license. The license shall permit the licensee to engage only in such activities as the license shall explicitly permit.

Source:  YDC 4425, modified.

Cross-reference:  The statutory provisions on Business and Professions are found in Title 22 of this Code.  The statutory provisions on business licenses are found in chapter 2 of Title 22.

     302.  Lack of license.
     A person in possession of a stock of lawfully acquired alcoholic beverages following the revocation, voluntary surrender, or failure to renew a license, may sell such stock under the supervision of the Board, in such a manner as the Board may prescribe, to a licensee authorized to sell such alcoholic beverages.

Source:  YDC 4426.

     303.  Classes and fees.
     Any person seeking a license shall submit an application on a form prescribed by the Board along with the appropriate fee for such license to the Treasurer.  Such person shall apply for each and all of the classes of licenses in which his proposed activities would be included as follows:

     (a)  Class 1 -- Wholesale license.  This license shall permit the licensee to sell alcoholic beverages at wholesale to other licensed retailers of alcoholic beverages.  The licensee shall pay a $200.00 fee with his application and annually upon renewal as provided herein.

     (b)  Class 2 -- Retail on-sale license.  The license shall permit the licensee to sell alcoholic beverages at retail for consumption on the premises for which the license is issued.  The licensee shall pay a $100.00 fee with his application and annually upon renewal as provided herein.

     (c)  Class 3 -- Retail off-sale license.  This license shall permit the licensee to sell alcoholic beverages at retail for consumption off the premises for which the license is issued.  The licensee shall pay a $75.00 fee with his application and annually upon renewal as provided herein.

     (d)  Class 4 -- Special events license.  This license shall permit the licensee, who shall either be a licensed on-sale or off-sale retailer of alcoholic beverages, to sell alcoholic beverages for consumption on the site of any special event for a period not to exceed three days.  A licensee can obtain a maximum of twelve special events licenses in one calendar year.  The licensee shall pay a $10.00 fee with his application as provided herein.

     (e)  Class 5 -- Special off-hours license.  This license shall permit the licensee, who shall be either a licensed on-sale or off-sale retailer of alcoholic beverages to sell alcoholic beverages past the hours set forth in section 403 as the regular hours of sale provided that the extended hours of sale shall not exceed three hours.  This licensee shall pay a $200.00 fee with his application and annually upon renewal as provided herein.

Source:  YDC 4427, as amended by YSL 3-63 7, modified.

     304.  Multiple activities.
     A person engaged in two or more of the activities classified in section 303 of this chapter must obtain a license for each activity in which he is engaged.

Source:  YDC 4428, modified.

Cross-reference:  Section 303 of this chapter is on classes and fees.

      305.  Separate places of business.
     A separate and appropriate license must be obtained for each place of business.

Source:  YDC 4429.

     306.  Payment and return of fee.
     The appropriate fee shall be paid to the Treasurer together with the application.  Should the license not be issued to the applicant, the following amounts will be returned to him:  if the license applied for is a Class 1, $180.00; if the license applied for is a Class 2, $90.00; if the license applied for is a Class 3, $67.50; if the license applied for is a Class 4, $9.00;  and if the license applied for is a Class 5, $180.00.

Source:  YDC 4430, as amended by YSL 3-63 8, modified.

     307.  Expiration and renewal; late fee.
 
     (a)  All licenses approved and issued pursuant to this title shall expire on the last day of September of each year, regardless of the date of issuance.  At least 30 days prior to the expiration of any license, the licensee who wishes to renew his license shall submit a written application for renewal to the Treasurer.  Licenses may be renewed only upon application and payment of the applicable license fees.

     (b)  A licensee who fails to apply for renewal of his license on or before the last day of September of each year shall be assessed a late fee of $5.00 per day for which he is delinquent, which fee shall be in addition to the renewal fee.  Any licensee who fails to apply for renewal of his license on or before the end of October shall discontinue his business until his license is renewed pursuant to this title.

Source:  YDC 4431, as amended by YSL 3-63 9 and YSL 5. 15 1, modified.

     308.  Restriction on issuance of license.

     (a)  The Board shall not approve the issuance of a license of any class to an applicant who is not the real party in interest.

     (b)  The Board shall not approve the issuance of a license of any class to an applicant who is less than 21 years of age.

     (c)  Except in the case of a license revoked for non-payment of a renewal fee, the Board shall not approve the issuance of a license to a person who held an alcoholic beverage license of any class which was revoked within one year prior to the date of reapplication.

     (d)  The Board shall not approve the issuance of a license of any class to any person the Board deems, upon careful and adequate investigation, to be unfit to hold such a license.

     (e)  The Board shall not approve the issuance of a license of any class to any person where the Board finds, upon careful and adequate investigation, that the issuance of such a license would be against the public interest.

     (f)  The Board shall not approve the issuance of a retail on-sale license for premises located within a distance of 100 feet from any church building, hospital building, or the grounds of a public or private school.

     (g)  The Board shall not approve the issuance of a greater number of retail on-sale licenses within a municipality or island or portion of a municipality or island than it deems consistent with the public interest.

     (h)  The Board shall not approve the issuance of a license of any class to any person intending to do business pursuant to that license in any municipality or island whose citizens have prohibited either or both sale and consumption of alcoholic beverages in that municipality or on that island.  Any license issued prior to such a determination shall expire 30 days thereafter.

Source:  YDC 4432, as amended by YSL 3-63 10, modified.

     309.  Nontransferable.
     Licenses shall be obtained only as prescribed herein and shall not be transferable from a licensee to any other person.

Source:  YDC 4433, modified.

     310.  Retail off-sale.
     No licensee shall wilfully permit or in any manner encourage any person to consume alcoholic beverages on premises for which an off-sale license, but for which no on-sale license, has been obtained.

Source:  YDC 4434.

      311.  Appeal of decision of the Board.
     Upon the failure of the Board to approve the issuance of a license on grounds of any of the provisions of section 308 of this chapter and upon the failure of the Board to renew any license of any class, the Board shall, within five days after the Board decided not to approve the issuance of a license, notify the applicant of its decision and its reason for not granting a license.  Notice shall be in writing.  The person denied the license may appeal the decision of the Board to a court of competent jurisdiction within 30 days of receipt of such notice.

Source:  YDC 4435, as amended by YSL 3-63 11, modified.

Cross-reference:  Section 308 of this chapter is on restriction on issuance of license.

Commission Comment:  References to "District Administrator" are changed to "Governor".