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     On page 2, between lines 7 and 8 of the Senate Commerce Committee engrossed bill, insert:

"      Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:

     Any person, corporation, or business entity that is issued a new retail license under subdivision 35-4-2(3) in a municipality of the first class after June 30, 2008, and 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, 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 or fence erected for the sole purpose of separating the area in which the alcoholic beverages are sold from the rest of the establishment.".

     On page 2, line 10, delete "holds or has an interest in a" and insert "is issued a new".

     On page 2, line 11, delete "issued".