R81-10-2. Off-Premise Beer Retailer State License and Master Off-Premise Beer Retailer State License

  (1) Authority and General Purpose. This rule is pursuant to 32B-2-202(1)(c) which requires the commission to set policy by written rules that establishes criteria and for issuing and denying licenses and 32B-7-408, which authorizes the commission to make rules establishing how a person may apply for a master off-premise beer retailer state license.

  (2) No license application will be included on the agenda of a monthly commission meeting for consideration for issuance of a license until in accordance with 32B-7-404(2):

  (a) The applicant has submitted a complete application to the department in accordance with 32B-7-402 or 32B-7-408; and

  (b) the department has completed an investigation and inspected the proposed licensed premises.

  (c) A "complete application" includes the department's application form and all supplemental materials listed on the department's application checklist.

  (3)(a) All application requirements of Subsection (2)(a) 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 Subsection (2)(a) must be filed on the next business day after the 10th day of the month.

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

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

  (4) Subsection (2)(a) does not preclude the commission from considering an application for a conditional license under the terms and conditions of 32B-7-406.