23-5-117. Premises approval. (1) Except as provided in subsection (4), the department may approve a premises for issuance of an operator's license if the premises meets the requirements contained in subsections (2) and (3).
     (2) The premises must:
     (a) be a structure or facility that is clearly defined by permanently installed walls that extend from floor to ceiling;
     (b) have a unique address assigned by the local government in which the premises is located; and
     (c) have a public external entrance, leading to a street or other common area, that is not shared with another premises for which an operator's license has been issued.
     (3) If the premises shares a common internal wall with another premises for which an operator's license has been issued, the common wall must be permanently installed, opaque, and extend from floor to ceiling and may not contain an internal entrance through which public access is allowed.
     (4) A second operator's license may be issued or renewed until June 30, 2001, for a person operating a gambling activity on a premises that did not meet the requirements of subsections (2) and (3) if:
     (a) the second operator's license was issued to the person on or before January 1, 1991; or
     (b) (i) the application for the second operator's license was received by the department on or before January 1, 1991;
     (ii) a second on-premises alcoholic beverages license was obtained for the premises on or before January 1, 1991; and
     (iii) substantial physical modifications to the premises were made on or before January 1, 1991.

     History: En. Sec. 7, Ch. 647, L. 1991; amd. Sec. 6, Ch. 398, L. 1993; amd. Sec. 2, Ch. 480, L. 1995.