16-2-406. Conversion of existing state-operated liquor stores. (1)(a) Within 45 days of April 25, 1995, any person or entity, an eligible state employee, or a business entity consisting of eligible state employees, as referred to in 16-2-405(2)(b)(i), may file an application or applications to operate as an agency liquor store the liquor store in which the eligible state employee or the employees of the business entity consisting of eligible state employees are employed or to operate as an agency liquor store another liquor store in the same community in which the eligible state employee or employees of the business entity consisting of eligible state employees are employed.
     (b) The application must set forth the nature of the entity applying for the agency franchise agreement and the employee's or employees' preference rights, if any, along with any other information that the department of revenue requires.
     (2) (a) If the employee or a business entity consisting of eligible state employees is the sole applicant, the department shall enter into an agency franchise agreement with either the employee or the business entity to operate the agency liquor store.
     (b) If more than one person or entity or more than one eligible state employee or business entity consisting of eligible state employees applies to be the agent for the liquor store, the department shall use the appropriate competitive bidding procedures to select the agent. However, if eligible state employees or a business entity consisting of eligible state employees matches the bid of any other person or entity, the franchise must be awarded to the eligible state employees or business entity consisting of eligible state employees.
     (3) For purposes of this section, an eligible state employee is considered to be an employee of the state liquor store in which the eligible employee worked a majority of the hours between July 1, 1994, and January 6, 1995.
     (4) Until converted to an agency liquor store, a state liquor store shall operate under the laws governing the operation of state liquor stores as those laws read on January 1, 1995.

     History: En. Sec. 6, Ch. 530, L. 1995.