4-207.02. Multiple licensees with joint premises

A. One or more on-sale spirituous liquor licensees with the same type of bar, beer and wine bar, restaurant or remote tasting room license may apply to the director for a joint premises permit. The premises of each applicant shall be adjacent to and fully contiguous to the joint premises. The proposed joint premises shall be limited to common areas that are pedestrian only and that are not immediately adjacent to a road, driveway or parking area. Application for a joint premises permit shall be on a form prescribed by the director. The application shall contain plans and diagrams that completely disclose and designate the physical arrangement of the proposed joint premises. The applicant licensee shall submit a copy of the application to the local governing body before submitting the application to the director. The local governing body may review the application and provide an advisory recommendation to the director. The applicants shall submit a security plan that addresses the requirements prescribed in this section. The director may approve or deny the application, or approve the application for some but not all of the applicants based on the applicant's demonstration of ability to comply with the requirements prescribed in this section. If the application is approved, the joint premises area shall be considered an extension of premises for each of the approved applicants, subject to the following conditions:

1. The licensees implement security measures necessary to ensure that an individual under the legal drinking age does not purchase, possess or consume spirituous liquor on the licensed premises.

2. The licensees install and maintain temporary or permanent physical barriers around the joint premises or other security measures, including electronic surveillance and the use of security personnel and signage, that are fully in place while spirituous liquor is served and consumed. The barriers or other security measures shall be placed to achieve the following purposes:

(a) To control spirituous liquor service.

(b) To delineate the licensed premises.

(c) To control the ingress and egress from the licensed premises.

(d) To provide for the safety of patrons.

(e) To prevent underage possession and consumption of spirituous liquor.

(f) To prevent the removal of spirituous liquor from the premises.

(g) To prevent the unauthorized carrying of spirituous liquor onto the premises.

(h) To prevent the unauthorized consumption of spirituous liquor in a public area or thoroughfare.

3. The director may require that during the time the premises are being used as a joint premises under a permit that the participating licensees identify the spirituous liquor beverages sold by each licensee by using distinguishable containers.

B. The licensees shall file with the director and may modify from time to time a schedule showing the days and time periods when the joint premises will be in use.

C. Each licensee that is approved for the joint premises shall comply fully with all applicable requirements of this title and any rules adopted pursuant to this title.

D. Each joint licensee that shares a joint premises as provided in this section may be held liable for any violation of this title. One or more licensees may be cited for a violation of this title that occurs on the premises, if the circumstances warrant the citation.

E. A licensee with joint premises privileges may not allow a person under the legal drinking age who is not accompanied by an adult to remain in an area on the joint premises during hours in which the primary use is the sale, dispensing or consumption of spirituous liquor after the licensee, or the licensee's employees, know or should have known that the person is under the legal drinking age.

F. The department may consolidate complaints, proceedings and hearings with respect to complaints or matters against one or more licensees with joint premise permits.

G. The right of a licensee to use the joint premises may be limited or revoked by the director for a violation of this title or any rule adopted pursuant to this title.

H. The department may charge a fee in an amount prescribed by the director for the review and processing of an application submitted pursuant to this section.

I. Notwithstanding any other law, a joint premises permit may be suspended summarily and without appeal for up to ten days if the director determines that good cause exists for the suspension.

J. A permit issued pursuant to this section is not transferable.

K. A permit issued pursuant to this section shall be issued for one year and may be annually renewed.