Title 16, Intoxicating Liquor

§281-45 No license issued, when. No license shall be issued under this chapter:

§281-46 Pool buying. (a) No holder of a wholesale dealer's or manufacturer's license shall refuse to sell liquor to two or more licensees pursuant to any pool buying agreement between the licensees which has been filed with the commission having jurisdiction over the licensees; p…

§281-47 Standard bar; music and dancing available. Any standard bar establishment may provide facilities for dancing by patrons, including a dance floor and live or recorded music, if the establishment is located in a commercial district and obtains the approval of the commission…

[§281-5] Powdered alcohol. (a) No person shall consume, purchase, possess, sell, offer for sale, or otherwise distribute powdered alcohol in the State. (b) Any person who violates this section shall be guilty of a misdemeanor and upon conviction shall be punished as provided in s…

PART IV. PROCEDURE FOR OBTAINING LICENSE §281-51 Prior inspection. No license shall be issued under this chapter unless and until the liquor commission has caused to be made a thorough inspection of the premises upon which the proposed business is to be conducted and is satisfied…

§281-52 Public hearing. No license shall be granted except after a public hearing by the liquor commission upon notice as prescribed in this chapter; provided that sections 281-57 to 281-60 shall not apply to the holder of a restaurant general license, a wholesale general license…

§281-53 Application; penalty for false statements. Every application for a license, the renewal of a license, or the transfer of a license shall be in writing, signed, and, except for the renewal of a license, notarized by the applicant, or in the case of a corporation or unincor…

§281-53.5 County liquor commissions; criminal history record check. (a) The respective county liquor commissions may request a criminal history record check of an applicant for a liquor license in accordance with section 846-2.7; provided that neither a criminal history record ch…

§281-54 Filing fees with application. A filing fee in such amount as shall be established by the respective liquor commission shall be paid with any application for an initial issuance of a license or for a transfer of a license. Where a license is granted, the filing fee deposit…

§281-55 Reference to investigator. Upon the filing of any application the administrator of the liquor commission shall indorse thereon the date of filing thereof. If no patent disqualification of the applicant or certain valid objection to the granting of the application is appar…

§281-56 Report by investigator. (a) On every application referred to the investigator under section 281-55, the investigator shall report in writing to the liquor commission and, if the application is for a license of any class other than class 8, class 9, or class 10, the report…

§281-57 Preliminary hearing; notice of public hearing. (a) Upon the filing of the investigator's report upon any application the liquor commission may hold a preliminary hearing and upon such preliminary hearing it may deny the application. A notice of preliminary hearing on a pr…

§281-58 Protests. Protests against the granting of a license may be filed by any person. Protests against the granting of a license upon such application, which qualifies for an automatic refusal pursuant to section 281-39.5 or 281-59, may be so filed by any registered voter for …

§281-59 Hearing; rehearing. (a) Upon the day of hearing, or any adjournment thereof, the liquor commission shall consider the application and any protests and objections to the granting thereof, and hear the parties in interest. The liquor commission shall accept all written or o…

§281-60 Further application. (a) Except as provided for in section 281-13, if an applicant has at any time been denied or refused a license, no further application from the applicant pertaining to the same premises or building location shall be considered for one year from the de…

§281-61 Renewals. (a) Other than for good cause, the renewal of an existing license shall be granted upon the filing of an application; provided that if: indicate that noise created by patrons departing from the premises disturbs residents on the street or of the neighborhood in …

§281-62 Reduction or increase in area of licensed premises. The liquor commission may, in its discretion, permit the reduction or the increase in the area of the licensed premises of any licensee without publication of notice at a public hearing; provided that, where an increase …

PART V. DUTIES OF AND SUPERVISION OVER LICENSEE §281-71 Posting of license. Every license issued and in effect under this chapter shall at all times be conspicuously posted and exposed to view, convenient for inspection, on the licensed premises. For failure thereof the license m…

§281-72 Condition of premises. All premises licensed or proposed to be licensed shall be constructed, arranged, furnished, equipped, maintained, and operated in such manner as may be prescribed by the liquor commission. [L Sp 1933, c 40, §38; RL 1935, §2607; RL 1945, §7260; RL 19…

§281-73 Quality of liquor; penalty. No liquor at any time manufactured or sold in the State shall be other than of a pure quality, according to any applicable legal standard therefor under the laws of the United States, unadulterated with any mixture of noxious, deleterious, or p…

§281-74 Labels on containers. All persons manufacturing any liquor for sale under this chapter shall securely and permanently attach to every container thereof, as the same is manufactured, a label stating the name of the manufacturer or, in lieu thereof, if the manufacturer does…

§281-75 Analyses. Whenever the liquor commission or investigator thereof has reason to believe or suspect, on complaint or otherwise, that any liquor being manufactured or which is possessed or kept for sale by any licensee is or may be impure or adulterated or otherwise not conf…

§281-76 Tampering with samples; penalty. Any person who tampers with any sample of liquor taken for analysis under this chapter shall be fined not more than $2,000 or imprisoned not more than one year, or both. [L Sp 1933, c 40, §42; RL 1935, §2611; RL 1945, §7264; RL 1955, §159-…

§281-77 Refusal of samples; penalty. Any licensee who refuses to deliver or accede to the taking of any sample of liquor for analysis upon disclosure of the procurer's authority as provided by section 281-75 shall be fined not more than $2,000. [L Sp 1933, c 40, §43; RL 1935, §26…

§281-78 Prohibitions. (a) No person shall: For purposes of this subsection: "Common area" means roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, …

§281-78.5 Practices to promote excessive consumption of liquor; prohibited. (a) No person licensed to sell liquor for consumption on the premises shall engage in practices which promote excessive consumption of liquor. (b) The liquor commission shall adopt rules pursuant to chapt…

§281-79 Entry for examination; obstructing liquor commission operations; penalty. Every investigator shall, and any officer having police power may, at all reasonable times, and at any time whatsoever if there is any reasonable ground for suspicion that the conditions of any lice…

§281-80 Arrest. Any investigator or police officer who observes any violation by any person of this chapter or of any rule or regulation of the liquor commission, may forthwith arrest the person without a warrant. Whenever any violation of this chapter or of the regulations of th…

§281-82 No action for debt. No person except a licensed manufacturer or licensed wholesale or retail dealer or his heirs, personal representatives, trustees, or assigns with respect to sales regularly made under his license shall recover by any process of law any debt or demand o…

§281-84 Exclusion of intoxicated person from premises; penalty. Every person who, being under the influence of liquor, enters any premises licensed for the sale of liquor, or being under the influence of liquor there remains after having been requested by the licensee or any pers…

§281-85 Prize, gift, premium, and other inducement. (a) Unless otherwise provided by this chapter, it shall be unlawful for any person to offer or to provide any intoxicating liquor as a prize or inducement at any public amusement, public gathering or place open to the public. (b…

PART VI. REVOCATION OF LICENSE §281-91 Revocation or suspension of license; hearing. The liquor commission or liquor control adjudication board may revoke any license at any time issued, or suspend the right of the licensee to use the licensee's license, or assess and collect a p…

§281-92 Appeals. Any licensee aggrieved by any order assessing or providing for the collection of a penalty, or by any order suspending or revoking any license, may appeal therefrom in the manner provided in chapter 91 to the circuit court of the circuit in which the liquor commi…

§281-93 Reports to prosecuting officers. When the revocation or suspension of any license is by reason of any violation of law the liquor commission or the administrator shall report the facts to the prosecuting officer for prosecution. [L Sp 1933, c 40, §56; RL 1935, §2625; RL 1…

§281-94 Forfeiture of fee paid. If any license is revoked or canceled by the liquor commission or liquor control adjudication board, the fee paid for the license or any unexpended portion thereof shall be forfeited to the county. [L Sp 1933, c 40, §57; RL 1935, §2626; RL 1945, §7…

§281-95 Bankruptcy, insolvency, death. If a licensee becomes a legally adjudicated bankrupt, or makes an assignment for the benefit of the licensee's creditors, or dies, before the expiration of the term of the licensee's license, the licensee's trustee in bankruptcy, assignee, o…

§281-96 Cancellation. If the use of the premises covered by any license becomes lost to the licensee by reason of being sold under foreclosure proceedings, or a civil execution, or other legal process, or for any other cause, which shall force a cessation of the business of the l…

§281-97 When sale without license authorized. In case a license is revoked or canceled or not renewed, the licensee may with the permission of and upon the conditions set by the liquor commission sell intoxicating liquors then in the licensee's possession within sixty days, or wi…