(a) (1) Subject to the provisions, restrictions, and prohibitions of this title, the Commissioner may grant a special event license to a qualified applicant, upon the applicant paying the application process fee set forth in § 554 of this title and submitting all documentation required by the Commissioner. Subject to rules and regulations established by the Commissioner, a special event license permits a licensee to sell and serve alcoholic liquors on the licensed premises at each special event the licensee hosts on the licensed premises for consumption on the licensed premises. (2) A qualified applicant may not be granted more than 1 special event license. (b) (1) The licensee may have an office outside this State, but the licensed premises where the special event will take place and where alcoholic liquors will be sold, served, dispensed, or consumed must be located in this State. (2) In addition to the requirements of paragraph (b)(1) of this section, the licensed premises must meet all of the following requirements: a. The licensed premises must be owned or leased by the licensee. b. The licensed premises must not be more than 3 acres in size. c. The licensed premises must be sufficiently designated, enclosed, secured, and maintained. d. The licensed premises must contain fencing or a wall not less than 30 inches high that, at a minimum, encloses the area where alcoholic beverages will be sold, served, dispensed, and consumed. e. The licensed premises must be maintained in compliance with all applicable zoning, health, and fire safety requirements. (3) If a licensee fails to comply with paragraph (b)(2) of this section, the licensee's special event license is suspended, under § 561 of this title, until the licensee complies with paragraph (b)(2) of this section. (c) At least 30 days before the date of a special event, a licensee must report the special event to the Commissioner for the Commissioner's review and approval. For each special event, all of the following conditions apply: (1) Sufficient restrooms or enclosed portable toilets must be provided within the licensed premises during the special event. (2) a. Sufficient food must be available to consumers for consumption on the licensed premises during all hours that the licensee is selling and serving alcoholic liquors. Items like bags of chips and pretzels are insufficient. b. The food may be prepared on the licensed premises, provided by a food truck or a caterer, or consist of prepackaged items, such as sandwiches, burgers, and hot dogs of sufficient quantity in relation to the alcoholic liquors being sold and served. (3) Tents, mobile units, and other temporary fixtures located on the licensed premises must be approved by the appropriate political subdivision and reported to the Commissioner at least 20 days before the special event. (4) The appropriate political subdivision responsible for regulating the licensed premises must have provided written approval for the special event. (d) A licensee must purchase all alcoholic liquors sold and served at a special event from importers licensed under § 501 of this title. Notwithstanding any provision of this title to the contrary, an importer may buy back any unopened and resalable bottles of alcoholic liquors at the end of a special event. An importer shall keep all records, as required by the Commissioner, necessary to document the purchase of products under this subsection. (e) (1) Notwithstanding any provisions of this title to the contrary, whenever the Commissioner finds that a licensee fails to meet any of the requirements of this section or that the licensee misrepresented information in its application, the Commissioner may do 1 or more of the following: a. Suspend the licensee's special event license. b. Deny any future applications for a special event license for a period of up to 2 years after the Commissioner finds that a failure or misrepresentation has occurred. c. Impose a fine of up to $10,000 per violation. (2) Before any new special event license may be issued, all penalties imposed by the Commissioner under this subsection must be resolved. (f) Licensees are subject to the restrictions on the hours of sale of alcoholic liquors set forth in § 709(c) of this title, to the prohibitions of overservice, and the prohibition of sales to minors set forth in § 708 of this title. (g) A licensee is permitted to enter into a concessionaire agreement, but a concessionaire agreement may not permit the sharing of proceeds from alcohol sales.
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