A person may seek conditional approval for a consumption on premises – incidental activity license within the meaning of item (1) of the definition of a "consumption on premises – incidental activity license" in Section 4-60-010, package goods license, tavern license, or for an expanded establishment amended liquor license, at a premises to be constructed, reconstructed or substantially rehabilitated. The application for conditional approval shall be submitted to the department of business affairs and consumer protection in accordance with rules promulgated by the local liquor control commissioner. The applicant shall also pay all required license fees for the subject license. Upon receipt of the application for conditional approval and the fee, the department of business affairs and consumer protection shall forward the information to the local liquor control commissioner and to appropriate departments for review. Upon completion of the review, which shall take place no longer than 90 days after the date the license fee is paid, the local liquor control commissioner shall notify the applicant whether the applicant is conditionally approved to receive the described license for the subject premises, conditioned upon: (i) the applicant completing the structure substantially as presented in the building plans and floor plan submitted with the application for conditional approvals; and (ii) inspection approval by: (a) the department of health, and (b) either the fire department or department of buildings, pursuant to a coordinated inspection schedule. If, within the 12-month period preceding the date of notification from the local liquor control commissioner that the applicant has been conditionally approved to receive the described license, the subject premises were inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement set forth herein. The department of health, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety. The conditional approval shall be valid for one year from the date of issuance. The commissioner of business affairs and consumer protection shall have authority to issue rules for the administration of this section.
(Amend Coun. J. 7-2-97, p. 48044; Amend Coun. J. 9-29-04, p. 32144, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 6-9-10, p. 93693, § 1; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 9; Amend Coun. J. 4-19-17, p. 48180, Art. III, § 2)