(a) Proximity restriction measurement – When authorized – Construction of section. If a proximity restriction applies in connection with any license issued under this Title IV, the person seeking such license (for purposes of this section, "prospective license applicant") may, prior to submitting a license application under Section 4-4-050, file an application with the department, on a form prescribed by the commissioner, requesting the department to measure the radius of the applicable area to determine whether, consistent with the applicable proximity restriction, the license(s) being sought by the prospective license applicant may be issued by the department. Provided, however, that nothing in this section shall be construed to prohibit the department from re-measuring the radius of the applicable area under this section or in connection with the submission of a license application under Section 4-4-050.
(b) Application – Notice – Duration. The application for a measurement under this section shall contain the following information: (1) the applicant's name; (2) the license(s) being sought by the applicant; (3) the street number and location of the premises for which the license(s) is being sought; (4) the boundaries of the premises for which the license(s) is being sought; and (5) any other information or documentation that the commissioner may require to conduct the measurement. Within 10 business days of completing such measurement, the commissioner shall notify the applicant in writing of: (i) the results of such measurement, and (ii) whether, based on those results and consistent with the applicable proximity restriction, the license(s) being sought may be issued by the department. Except in the case of a measuring error made by the department, a measurement under this section shall be valid for 60 calendar days after the date of notice, as identified on the face of such notice.
(c) Non-refundable application fee – Exceptions. An application under this section shall be accompanied by a non-refundable application fee of $250. Provided, however, that if the license(s) being sought by the prospective license applicant, as set forth in the application submitted under this section, is subsequently issued to such person for the premises and at the location described in such application, the $250 application fee required under this section shall be deducted from the total amount of the license fee(s) required to be paid by such person in connection with the initial issuance of such license(s). Provided further, that if a measuring error made by the department prohibits the department from issuing the requested license(s), the $250 application fee required under this section shall be refunded to the applicant under this section.
(Added Coun. J. 10-28-15, p. 11951, Art. X, § 5)