Case Law Summaries

In the Matter of Polly McRiney’s Bar, Inc.

• Opinion Date: January 24, 2002
• Business Law
• E-Mail

LIQUOR LICENSES— Liquor license applications made after September 28 of a year cannot be accepted unless the applicant can show constructive compliance with the filing requirements before that date.

A liquor license term runs from July 1 of one year to June 30 of the following year. It automatically expires on June 30. However, there is also a thirty-day grace period which allows the licensee to file its application until July 30. Thereafter, a licensee may submit a late application between July 30 and September 28. A municipal issuing authority may not act on such a late-filed license renewal application unless the Director of the Division of Alcoholic Beverage Control issues a “Special Ruling” granting relief. The authorizing statute states that “[n]othing in this act shall be deemed to prevent the issuance of a new license to a person who files application therefor within 60 days following the expiration of the license renewal period if the director shall determine in writing that the applicant’s failure to apply for renewal of his license was due to circumstances beyond his control… .” Finally, a license renewal submitted after September 28 may not be considered unless the licensee demonstrates actual “constructive compliance” prior to that date with the application filing requirement. In this case, an application was not filed until on or about November 9. In addition to the applicant’s failure to timely file a petition, there was no evidence presented either that she made any effort to timely file the license renewal application or that she was told it was unnecessary to file one. Essentially, the Administrative Law Judge did not believe the applicant’s testimony “that she was unaware of” the necessity of filing a renewal application each year.

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