Sec. 5.5. (a) This section applies to a temporary wine permit for the sale of wine in a town park in a town having a population of less than ten thousand (10,000).

     (b) The commission may not issue a temporary wine permit to a person unless:

(1) the person meets all of the requirements for a temporary wine permit under this chapter; and

(2) the town council:

(A) holds a public hearing on the request for a permit; and

(B) approves the issuance of the temporary wine permit.

     (c) If a person asks a town council to approve the issuance of a temporary wine permit, the town clerk-treasurer shall notify the commission of the town council’s decision to approve or disapprove the permit not later than thirty (30) days after the person’s request for approval.

     (d) If a person who applies for a temporary wine permit from the commission demonstrates to the satisfaction of the commission that no action was taken on the person’s request by the town council under subsection (c), the commission shall consider the request to be approved by the town council.

As added by P.L.73-1996, SEC.4.