Section 436.1107. Renewal of license.

(1) A license that is not in active operation shall be placed  in escrow with the commission.

(2)    A licensee shall have only 5 licensing years after the expiration date of the escrowed license to put the license into  active  operation.   If  the licensee fails to put the license into active operation within 5 years  after its expiration, then all rights to the

license    shall    terminate      unless    the commission has received written verification of either of the following:

(a)      That the license or an interest in the license is the subject of litigation or estate or  bankruptcy proceedings  in  a court of  competent jurisdiction.

(b)     That the license was placed into escrow as a result of damage to the licensed premises by fire, flood, tornado or other natural event that makes the licensed premises unsuitable for the operation of the business and unsafe for public accommodation.

(3)   If the commission extends the length of time for which a licensee may renew the license during the pendency of litigation or estate or bankruptcy proceedings or as a result of damage to the licensed premises for the reasons as stated in subrule (2) of this rule,  then  the licensee  shall  pay the

required license fee for each elapsed licensing year before placing the license in active operation.

(4)     The commission may extend the length of time for which a licensee may renew the license upon written order of the commission  after  a showing of good cause.

(5)        Except as provided in subrule (3) of this rule, a license held  in escrow with the commission shall be renewed in the same manner as an active license, including payment of all required license fees, each year by April 30.

(6)        A licensee who places a license in escrow with the commission shall be responsible for providing the commission with current contact information, in writing, for all correspondence, which includes the name, mailing address, and telephone number.

(7)     The commission shall provide or attempt to provide each licensee whose license is in escrow with a copy of this rule.

(8)      A license that is held in escrow with the commission on the effective date of this rule begins the 5-year period allowed by subrule (2) of this rule on March 24, 2004.

History: 1979 AC; 2004 AACS; 2010 AACS.