Section 3.106. Criteria for issuance of a permanent economic development license

(a) After 90 days from the date of issuance of the provisional license, the licensee may file an application with the Board for a permanent license. The licensee shall certify that for 90 consecutive days since the granting of the provisional license, the licensee’s sales of food and nonalcoholic beverages were equal to or greater than 70% of the combined gross sales of food and alcoholic beverages.

(b) Upon submission of certification, the Board will issue a permanent economic development license.

(c) The economic development license will be governed by the license district in which it is situated for the purpose of validation and renewal. Validation and renewal applications will require submission of certification that during the license year immediately preceding its application for renewal or validation, the licensee met or exceeded the 70% minimum requirement.

(d) An appeal of the Board’s decision refusing to grant or renew a license will not act as a supersedeas if the decision is based, in whole or in part, on the licensee’s failure to demonstrate that its sales of food and nonalcoholic beverages were at least 70% of its combined gross sales of food and alcoholic beverages.