16-3-310. Lapse of license for nonuse — approved nonuse. (1) Any retail license issued pursuant to this code (including any retail license to sell beer and table wine for off-premises consumption) not actually used in a going establishment for 90 days must automatically lapse if the licensee does not notify the department within the 90-day time period. On determining the fact of nonuse for this period, the department shall cancel the license of record and no portion of the fee paid for it may be refundable.

(2)The provisions of this section do not apply to the license of any licensee whose premises are operated on a seasonal basis, provided the licensee has secured written authority from the department to close and has licensed premises for a specified period of greater than 90 days’ duration.

(3)If the licensee notifies the department within the 90 days of nonuse, the department shall grant approved nonuse for up to 1 year. The department may extend the nonuse period if the licensee provides evidence that the delay in use is for reasons outside the licensee’s control or that the licensee is progressing on a department-approved alteration.