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A. Licensing Conditions: The following shall be express conditions of the granting of any license hereunder:
1. Every licensee shall submit to the local liquor control commissioner the proof of insurance as more fully set forth in section 3-9-4A.12. of this chapter, proof to be furnished at the time of application for renewal or for a new license. The insurance shall be an annual policy covering the full license period, stating on its face or within the certificate of insurance to be attached thereto, that the insurance is in force for said period and that no cancellation, rescission or revocation of said insurance shall take place unless and until said insurer provides to the town local liquor control commissioner ten (10) business days' notice of such impending cancellation, rescission or revocation. In addition, a duplicate of said notice shall be provided by said insurer to the business office manager.
2. Every licensee whose dramshop insurance has lapsed or has been revoked, terminated, cancelled or suspended, and every licensee who has received oral or written notice of such lapse, revocation, termination, cancellation or suspension shall immediately notify the local liquor control commissioner of such occurrence. Failure to provide such notification will be grounds for the exercise by the local liquor control commissioner of his emergency powers as more fully set forth in section 3-9-2B.5. of this chapter, or as set forth under any other provision in this chapter.
3. Upon notification that a licensee's dramshop insurance has lapsed or has been revoked, terminated, cancelled or suspended, the local liquor control commissioner may invoke emergency powers as set forth in section 3-9-2B.5. of this chapter, or in his discretion, may invoke his powers as set forth in section 3-9-2B.1. of this chapter, and shall take appropriate steps to terminate the license held by the uninsured licensee. Any license so terminated may be reinstated, and any license threatened with termination may be brought into compliance with the provisions of this chapter, without further cost to the licensee, by submitting to the local liquor control commissioner proof of renewal of previously held insurance or reinsurance under the terms of a new policy. All such renewal or reinsurance shall comport with the requirements of section 3-9-4A.12. of this chapter.
B. Fingerprinting: Each applicant shall, within thirty (30) days of request made by the local liquor control commissioner for fingerprints pursuant to section 3-9-4A.15. of this chapter, submit fingerprints to the town in the form requested by the commissioner. Failure to comply with this division shall be cause for revocation or suspension of a liquor license.
C. Reporting Of Violations: Every licensee and every officer, agent or employee thereof shall have an affirmative duty to immediately notify the town police department upon the occurrence of either a violation of law which is taking or has taken place upon the licensed premises or a threatened or actual physical altercation between any two (2) or more persons upon the licensed premises. The failure of a licensee, officer, agent or employee to so notify shall constitute cause for suspension or revocation of the licensee's liquor license. For the purpose of this division LICENSED PREMISES shall include, but is not limited to, any building, structure, parking lot or vacant area directly or indirectly related to the retail sale of alcoholic liquor.
D. Access To Licensed Premises: The main entrance to the licensed premises shall be unlocked at all times during business hours; provided, however, that the main entrance may be locked no earlier than ten (10) minutes before the closing hour of the premises. If the licensee, or an officer, agent or employee thereof, closes the licensed premises prior to the regular closing time, all individuals who are not officers, agents or employees must first vacate the licensed premises. If the main entrance is locked for any reason during business hours, the licensee or officer, agent or employee thereof, shall immediately allow access to any law enforcement officer wishing to enter the premises. The failure to comply with any provision of this division shall constitute cause for suspension or revocation of the licensee's liquor license.
E. Termination By Dormancy: A license shall be rendered dormant and shall abate when the licensed premises have been closed or when no alcoholic liquor has been sold or served on the premises for thirty (30) days, and no request for transfer to a new location or request for an extension of time has been received by the local liquor control commissioner. A license shall be rendered dormant and shall abate immediately when a licensee sells or otherwise conveys the licensed premises, and such license shall be deemed to have been surrendered to the local liquor control commissioner. Upon a determination of abatement by the commissioner, and his written notice of such determination to the licensee, the number of licenses in the class of the license that has been rendered dormant shall be reduced by one (1).
(Ord. 2007-15, 4-23-2007, eff. 5-4-2007; amd. Ord. 2019-16, 8-26-2019, eff. 9-13-2019)