AMENDMENT FOR PRINTED BILL
98fa

___________________ moved that SB 98 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 35-2-7 be amended to read as follows:

     35-2-7.   Any license granted under this title may be transferred to a new location or to another person. If the transfer is to another person, the licensee must shall show in writing, under oath, that he the licensee has made a bulk sale of the business operated under the license. The bulk sale may be conditioned upon the granting of a transfer of the license. The transferee must shall make an application exactly as if an original applicant, and the application shall take the same course and be acted upon as if an original application. No transfer of any license to another person may be granted until all municipal and state sales taxes incurred by the transferor as a result of the operation of the licensed premises have been paid and that all property taxes levied on such premises which are the liability of the licensee , including municipal and state sales and use taxes, unemployment insurance tax, or any other state tax, are paid or are not delinquent. No transfer of any license to another person may be granted until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No transfer of any license may be granted from an Indian tribe operating in Indian country controlled by the Indian tribe or from an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until all use tax incurred as a result of the operation of the licensed premises by nonmembers, and any other state tax, has been remitted or is not delinquent. If the transfer is to a new location, the licensee must shall make application showing all the relevant facts as to such for the new location , which . The application shall take the same course and be acted upon as if an original application. When If a license is transferred, a fee of one hundred fifty dollars is required to continue the unexpired portion of the license.

     Section 2. That § 35-2-24 be amended to read as follows:

     35-2-24.   No license granted under this title may be reissued until all municipal and state sales and use tax taxes incurred by the licensee as a result of the operation of the licensed premises have been paid and that all property taxes which are the liability of the licensee levied on such , including municipal and state sales and use taxes, unemployment insurance tax, or any other state tax, are paid or are not delinquent. No license granted under this title may be reissued until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No license granted under this title may be reissued to an Indian tribe operating in Indian country controlled by the Indian tribe or to an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until the Indian tribe or enrolled tribal member remits to the department all use tax incurred by nonmembers as a result of the operation of the licensed premises, and any other state tax has been remitted or is not delinquent.



     Section 3. That § 35-2-25 be amended to read as follows:

     35-2-25.   No license granted pursuant to subdivisions 35-4-2(3), (4), (6), (12), (13), (16), and (17) may be issued unless the applicant has first obtained a sales tax license pursuant to chapter 10-45 , or, if applicable, a use tax license pursuant to chapter 10-46 . The provisions of this section do not apply to a municipality which has procured a retail alcoholic beverage license pursuant to chapter 35-3. "