FORTY-THIRD LEGISLATURE
                        FIRST SESSION, 1997               SB 31/a
  
  
                                                February 28, 1997
  
  Mr. President:
  
      Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
  
                           SENATE BILL 31
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
      1.  On page 1, line 13, after "ACT", insert "; PROVIDING FOR
  COMPENSATION".
  
      2.  On page 4, line 21, strike "shall" and insert in lieu
  thereof "may".
  
      3.  On page 9, between lines 9 and 10, insert the following:
  
      "Section 2.  [NEW MATERIAL]  COMPENSATION FOR MANDATORY DRIVE-
  UP WINDOW CLOSURE--PROCESS.--
  
          A.  The governing body of a local option district shall
  prohibit sales or delivery of alcoholic beverages through a drive-up
  window of a licensee if the majority of the registered qualified
  electors in the local option district voting on the question "Shall
  a retailer or dispenser be allowed to sell or deliver alcoholic
  beverages at any time from a drive-up window?" votes against
  allowing sales or deliveries of alcoholic beverages from a drive-up
  window.
  
          B.  A licensee whose sales or deliveries of alcoholic
  beverages from his licensed premises are conducted through his
  drive-up window may petition the governing body of the local option
  district for an arbitration hearing to determine the compensation
  due the licensee that is a direct result of the closure of the
  drive-up window.
  
  
  
  
  
  
  
  
          C.  The local governing body of the local option district
  and the licensee shall choose an arbitrator acceptable to both
  parties from a list of arbitrators supplied to them by the district
  court of the district in which the local option district is located.
  
          D.  The parties shall submit to arbitration.  The decision
  of the arbitrator shall be binding and no appeal shall be available
  to review the decision of the arbitrator.  Costs of the arbitration
  shall be borne equally by both parties.
  
          E.  The governing body shall be liable for payment of the
  full compensation that is due to the licensee as determined by the
  arbitrator.".
  
      4.  Renumber the succeeding section accordingly.,
  
  and thence referred to the CORPORATIONS & TRANSPORTATION
  COMMITTEE. 
               
                               Respectfully submitted,
  
  
  
                               __________________________________
                               Shannon Robinson, Chairman 
  
  
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  6  For  1  Against
          Yes:    6
          No:     Smith
               Excused:     Ingle, Vernon
          Absent: None
  
  S0031PA1                                              .117589.2
                                                      .117539.2/a