16-4-208. Airport all-beverages license. (1) The department shall issue one all-beverages license, to be known as a public airport all-beverages license, for use at each publicly owned airport served by scheduled airlines and enplaning and deplaning a minimum total of 5,000 passengers annually when:

(a) application is made;

(b) on finding that this license is justified by public convenience and necessity, including the convenience and necessity of the public traveling by scheduled airlines; and

(c) following a hearing as provided in 16-4-207.

(2) Application must be made by the agency owning and operating the airport. The agency owning and operating the airport may lease the airport all-beverages license to up to three individuals or entities approved by the department.

(3) The lessee of an airport all-beverages license may purchase alcohol and the lease may be based on the percentage of sales of alcoholic beverages by the lessee. The lessee has the same rights and privileges as an airport all-beverage license issued under this section, and, in the event of a violation, is subject to reprimand, suspension of the lessee's alcohol operations, or a civil penalty not to exceed $1,500 as provided for a retail licensee under 16-4-406.

(4) A public airport all-beverages license and all retail alcoholic beverage sales under it are subject to all statutes and rules governing all-beverages licenses, except for the provisions for curbside pickup as allowed under 16-3-312.

(5) The department shall issue a public airport all-beverages license to a qualified applicant regardless of the number of all-beverages licenses already issued within the all-beverages license quota area in which the airport is situated.