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IN HB1301
Bill
Status
1/10/2017
Primary Sponsor
Mara Reardon
Click for details
AI Summary
HB 1301 Summary
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Transfers investigation and recommendation authority for new retailer's alcohol permits in economic development districts from local alcoholic beverage boards to municipal/county legislative bodies, effective July 1, 2017.
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Requires the alcohol commission to follow the legislative body's decision on permit applications unless the decision is arbitrary, capricious, unconstitutional, procedurally defective, or unsupported by substantial evidence; commission review is de novo.
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Grants legislative bodies sole authority to determine the number of retailer's permits issued in qualifying districts, superseding any statutory quotas or restrictions on permit numbers.
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Applies to three types of districts: economic development areas, areas needing redevelopment/redevelopment project areas, and community revitalization enhancement districts; also applies to permits issued within prescribed distances from these districts.
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Preserves local board duties for permit renewal, revocation, and suspension; permits issued in development districts do not count against the remainder of the unit's quota, though population is counted in quota calculations.
Legislative Description
Alcohol licenses in economic development districts. Provides the following in regard to the issuance of a new retailer's permit in certain types of economic development districts (districts): (1) The legislative body of the unit (instead of the local alcoholic beverage board) investigates and determines whether to grant or deny the permit. (2) The commission is required to follow the determination of the legislative body unless the determination is contrary to law, procedure, or unsupported by substantial evidence. (3) The legislative body determines the number of permits to be issued in the district. Provides that the duties and responsibilities of the
Last Action
First reading: referred to Committee on Public Policy
1/10/2017