4-207.03. Extended premises; application; requirements; fee

A. A liquor licensee with on-sale retail privileges may apply to the director to extend the licensed premises on an individual day or hour basis, on a regular recurring basis or on an ongoing limited use basis to contiguous private property that is owned or leased by the applicant licensee or to public or private property that the applicant licensee has permission to use. The director may include noncontiguous private property on the extended premises if the property meets the requirements of the department rules applicable to regularly licensed premises.  The applicant licensee shall submit a copy of the application, including the proposed days and times that the extended premises will be used, to the local governing body at least sixty days before submitting the application to the director.  The local governing body or the local governing body's designee may review the application and provide an advisory recommendation to the director.  If the local governing body or the local governing body's designee completes the review and provides an advisory recommendation to the director before the conclusion of the sixty-day period, the director may act on the application before the expiration of the sixty-day period.  The local governing body may conduct an optional safety inspection of the extended premises on the day of the event, before the event if the extended premises are ready for use before the event or before the local governing body or designee has made its recommendations, whichever is soonest.

B. The application shall contain a plan and an accurate diagram that designates the proposed physical arrangement of the proposed extended premises, including the location of ingress and egress from the extended premises and other features of the extended premises as required by the director or as required to conform with applicable building code and fire safety requirements.

C. The applicant licensee shall submit with the application a security plan. The applicant licensee shall identify the security measures that will be implemented by the applicant licensee for the extended premises.  The director shall determine the appropriate security measures that the applicant licensee shall use to control spirituous liquor service on the extended premises and to protect public health and safety.  The security plan shall:

1. Provide for the safety of patrons.

2. Ensure that an individual who is under the legal drinking age does not purchase, possess or consume spirituous liquor on the extended premises.

3. Prevent the unauthorized removal of spirituous liquor from the extended premises.

4. Prevent the unauthorized carrying of spirituous liquor onto the extended premises.

5. Be designed in a manner to ensure that security and oversight of the extended premises is provided by the applicant licensee. 

D. The applicant licensee shall file with the application and may modify from time to time a schedule showing the proposed date and time periods when the extended premises will be in use. The applicant licensee shall provide at least ten days' written notice of any modification to the department and to the local governing body.

E. The licensee may not modify the physical arrangement of the extended premises to use additional space or a different space and may not modify the location of ingress or egress or the security to be provided without notifying the local governing body and the department at least ten days in advance of the proposed modification.  The department may consult with the local governing body and may approve, reject or modify the proposed modification. Further compliance with subsection A of this section is not required if the only proposed modification is to reduce the size of the extended premises. 

F. The right of a licensee to use an extended premises may be limited or revoked by the director for a violation of this title or any rule adopted pursuant to this title.

G. The department may charge a fee in an amount prescribed by the director for the review and processing of applications.

H. A licensee with extended premises may not allow an individual who is under the legal drinking age and who is not accompanied by a spouse, parent, grandparent or legal guardian of legal drinking age to remain in an area on the extended premises during hours in which the primary use of the premises is the sale, dispensing or consumption of spirituous liquor after the licensee or licensee's employees know or should have known that the individual is under the legal drinking age.

I. A permit for an extended premises is valid for six consecutive months or less, which is calculated from the first date of the extended premises to the last date of the extended premises.

J. Subject to section 4-224, this section does not exempt the applicant licensee from complying with any local governing body event permit requirements.

K. This section does not apply to a permanent change in the premises and does not prevent the department, together with a city, town or county, from waiving the requirements of this section for an application or event.