Reference is to Printer's Date 5/19/11--S.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. (1) Section 61-4-550 of the 1976 Code, as last amended by Act 259 of 2010, is further amended to read:
"Section 61-4-550.
(A) The department may issue permits to nonprofit
organizations running for a period not exceeding
fifteen days for a fee of ten dollars per day. For
purposes of this section, a "nonprofit organization"
is an entity which is organized and operated exclusively for
social, benevolent, patriotic, recreational, or fraternal
purposes, and which is exempt from federal income taxes pursuant
to Internal Revenue Code Section 501(c)(3), 501(c)(4),
501(c)(6), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19). It
also includes political parties and their affiliates duly
certified by the Secretary of State. These special
permits may be issued only for locations at fairs and special
functions.
(B) The department
shall require the applicant to obtain a criminal records check
conducted by the State Law Enforcement Division within ninety
days prior to an initial application. The
department shall deny the application if the criminal records
check is not submitted with the application and filing fee or if
it was obtained more than ninety days before. For a
subsequent application, the applicant is not required to obtain
a new criminal records check unless:
(1)
more than two years have elapsed since the most recent criminal
records check was conducted; or
(2)
the nonprofit organization has added or replaced a principal.
For purposes of this section, all principals are deemed to be
the applicant. (C)
The department shall require the applicant to
notify in writing a minimum of fifteen days prior to the first
day of a fair or special function the sheriff, or sheriff's
designee, of the county in which the fair or special function is
to be located. Upon request of the applicant, the sheriff may
waive the fifteen day notification requirement. A timely
objection within seventy-two hours of the receipt of the notice
by the sheriff, or his official designee, submitted in writing
to the department is sufficient grounds to deny the
application. The department shall require the
applicant to complete the law enforcement notification provision
contained in an application form and submit it with the
application. The law enforcement notification provision shall
be prepared by the department for inclusion in the application
and, at a minimum, must contain sufficient information to inform
the department that either the chief of police, if the event is
located within the city limits, or the county sheriff has been
notified of the temporary permit application and given an
opportunity to object.
(D)
Organizations granted permits pursuant to this
section are subject to penalties imposed pursuant to violations
of Article 1, Chapter 4, Title 61. The department
may issue up to twenty-five temporary permits to sell beer and
wine on one application for special functions in a twelve-month
period to the same applicant, if that applicant is also applying
for up to twenty-five temporary licenses to sell alcoholic
liquors by the drink, pursuant to Section 61-6-2000(D). This
does not prohibit the applicant from applying for additional
special permits within the same twelve-month period."
(2) Section 61-6-2000 of the 1976 Code, as last amended by Act 259 of 2010, is further amended to read:
"Section 61-6-2000.
(A) Notwithstanding another
provision of this article, the department may issue to a
nonprofit organization a temporary license to sell alcoholic
liquor by the drink at a special function for a period not to
exceed twenty-four hours. A qualifying nonprofit organization
may sell tickets at the door. The application for this
temporary license must include a statement by the applicant as
to the nature and date of the special function at which
alcoholic liquor by the drink is to be sold, as well as other
information required by the department. The department shall
charge a nonrefundable filing fee of thirty-five dollars for
processing each event on the application. The department may
deny the application if the completed application and filing fee
are not submitted at least fifteen days before the date of the
special function, but upon request by the applicant, the
department may waive this requirement. In addition
to the licenses authorized pursuant to the provisions of
subarticle 1 of this article, the department may also issue a
temporary license to a nonprofit organization, as defined in
Section 61-6-20, which authorizes that nonprofit organization to
purchase and to sell alcoholic liquors by the drink for a period
not to exceed twenty-four hours at a single social occasion.
The nonprofit organization may sell tickets for the social
occasion to non-members. Notwithstanding another provision of
this article, the issuance of this license authorizes the
nonprofit organization to purchase alcoholic liquors from
licensed retail dealers in the same manner that a person with a
biennial license issued pursuant to subarticle 1 of this article
purchases its alcoholic liquors. The department shall charge a
nonrefundable filing fee of thirty-five dollars for processing
each event on the application. The temporary license
application must include a statement by the applicant as to the
nature and date of the special function at which the alcoholic
liquors are to be sold. The department in its discretion
may specify the terms and conditions of the license, pursuant to
existing statutes and regulations governing these applications.
(B) The department
shall require the applicant to obtain a criminal background
check conducted by the State Law Enforcement Division within
ninety days prior to an initial application.
The department shall deny the application if the criminal
records check is not submitted with the application and filing
fee or if it was obtained more than ninety days before.
For a subsequent application, the applicant is not
required to obtain a new criminal records check unless:
(1)
more than two years have elapsed since the most recent criminal
records check was conducted; or
(2)
the nonprofit organization has added or replaced a principal.
For purposes of this section, all principals are deemed to be
the applicant. (C)
The department shall require the applicant to
notify in writing within fifteen days the sheriff, or the
sheriff's designee, of the county in which the special function
is to be located. Upon request of the applicant, the sheriff
may waive the fifteen day notification requirement. A timely
objection within seventy-two hours of receipt of the notice by
the sheriff, or his official designee, submitted in writing to
the department is sufficient grounds to deny the
application. The department shall require the
applicant to complete the law enforcement notification contained
in an application form and submit it with the application. The
law enforcement notification provision shall be prepared by the
department for inclusion in the application and, at a minimum,
must contain sufficient information to inform the department
that either the chief of police, if the event is located within
the city limits, or the county sheriff has been notified of the
temporary license application and given an opportunity to
object.
(D) The department may
issue up to twenty-five temporary licenses on one application
for special functions in a twelve-month period to the same
nonprofit organization. This does not prohibit the nonprofit
organization from applying for additional temporary licenses
within the same twelve-month period.
(E)
For purposes of this section, "nonprofit
organization" is an entity that is organized and operated
exclusively for social, benevolent, patriotic, recreational, or
fraternal purpose, and is exempt from federal income taxes
pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(4),
501(c)(6), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19). It
also includes a political party or affiliate of a political
party duly certified by the Secretary of State.
(F)
Organizations granted permits pursuant to this
section are subject to penalties imposed pursuant to violations
of Article 13, Chapter 6, Title 61."
(3) Notwithstanding the general effective date of this act, this section takes effect on July 1, 2011. /
Renumber sections to conform.
Amend title to conform.