Section 436.1142. SDD license; limitation on applications.

(1) The commission shall not process an application for a new specially designated distributor license in any governmental unit in which the number of applications already under consideration by the commission equals or exceeds the number of new licenses  available   pursuant   to   the quota provisions of R 436.1141(1).

(2) The commission shall maintain a record for each governmental unit of each person who has made an application for a new specially designated distributor license, but whose application was not  processed    pursuant   to the provisions of subrule

(1)   of this rule.

(3)   When all applications for a new  specially  designated  distributor license in any governmental unit have been disposed of by the commission and 1 or more new specially designated distributor licenses are still available, the commission shall provide  written  notification   of   the license availability to each person who has made an application for a new specially designated distributor license  within   that governmental unit, but whose application   was  not  processed  pursuant  to  the provisions of subrule (1) of this rule. Such notification shall be made by  mail  to   the last known address of the person which  appears  in  the  commission's records. Within 30 days of the date of mailing of such a notification, a person shall notify the commission, in writing, and pay the required inspection fee if he or she is still interested  in   obtaining   a    new specially designated distributor license. A person who

does   not    respond within the  30-day  period  shall  not   be  given   consideration    for any

available license. If at the end of the 30-day  period   the  number  of persons who have notified the commission of their desire to be considered for new specially designated distributor licenses within the governmental unit equals or exceeds the number of licenses available, pursuant to  the provisions of  subrule  (1)   of  this  rule any  additional   applications received shall not be processed.

(4)   When an application for a new specially designated distributor license is received by the commission for a location in a governmental unit in which new specially designated distributor licenses are not available because the quota established by the provisions of R 436.1141(1) has been filled, the commission shall notify the  applicant   that   licenses are not available.

(5)   The commission shall maintain a record for each governmental unit of each person who has made an application for a new specially designated distributor license, but whose application was not  processed    pursuant   to the provisions of subrule

(4)   of this rule.

(6)   When 1 or more specially  designated  distributor   licenses   becomes available in a governmental unit in which the quota established by the provisions of R 436.1141(1) had previously been filled, the commission shall provide written notification to each person who applied for a new specially designated distributor license within that governmental unit, but whose application was not processed pursuant to the quota provisions of R 436.1141(1). Within 30 days of the date of mailing  of   such  a notification, a person shall notify the commission, in  writing,    and pay the required inspection fee if he or she is still interested in obtaining a new specially designated distributor license. A person who does  not respond within the 30-day period shall not be given consideration for any available license. If at the end of the 30-day period the  number  of persons who have notified the commission of their desire to be considered for new specially designated distributor licenses within the governmental

unit equals or exceeds the number of licenses available,  pursuant  to   the provisions of subrule (1) of this rule,  any  additional  applications received shall not be processed.

(7)   For purposes of determining the order in which initial applications for new specially designated distributor licenses are  submitted  to   the commission  as required  by  the  provisions   of  R  436.1105(2)(f),  the commission shall use the date on which a person first applied for the license, even if the application was not processed at that time due to the provisions of subrule (1) or (4) of this rule.

History: 1990 AACS.