___________________ moved that HB 1142 be amended as follows:
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Section 1. That
§
35-4-4
be amended to read as follows:
35-4-4.
No person, corporation, or business entity may
be the holder of
hold
or have an
interest in more than three retail licenses issued under subdivision 35-4-2(3), (4), (6), or (13).
However, a person, corporation, or business entity may hold or have an interest in three
additional retail licenses issued under subdivision 35-4-2(4) if the licensee derives more than
fifty percent of the licensee's
annual
gross receipts from the sale of food at the location where
the license is held.
Any person, corporation, or business entity may hold or have an interest in
additional retail licenses issued under subdivision 35-4-2(3) in municipalities of the first class
if the licensee derives more than fifty percent of the licensee's annual gross receipts from the
sale of food, prepared food, and food ingredients at the location where the license is held. Any
such new licensee under subdivision 35-4-2(3) shall sell its alcoholic beverages, other than malt
beverages, in an area which is separated by a physical barrier from the rest of the establishment.
For the purposes of this section, a physical barrier includes a wall, fence, rope, railing, or other
physical feature erected for the sole purpose of separating the area in which the alcoholic
beverages are sold from the rest of the establishment.
For purposes of this section, location
means one contiguous piece of real estate on which sales are generated by the licensee.
"