(1) The state liquor control board as an administrative agency created by the legislature may exercise only such power as is conferred upon it by the legislature. (Opinion p. 4.) (2) The authority of the liquor control board to adopt administrative rules and regulations which has been expressly granted by the legislature is limited to carrying out the provisions of the liquor act. (Opinion pp. 5-9.) (3) There are four general guidelines which have been established by the courts (Opinion pp. 8-9) against which the validity of any proposed rule or regulation of an administrative agency should be tested.
The liquor control board must compute and distribute funds in the liquor revolving fund to counties based upon population as shown by the last federal or official county census, whichever is later, undiminished by incorporations and annexations. The state treasurer must apportion and distribute funds in the liquor excise tax fund to counties based upon population as shown by the last federal or official county census, whichever is later, undiminished by incorporations and annexations.
May the Liquor Control Board employ persons to make scientific study and research relating to alcoholic beverages, and the use and effect thereof?
CONCLUSION: The Liquor Control Board does have such power.
(1) State liquor control board may not establish liquor vendors in incorporated cities and towns where a state liquor store exists. (2) The liquor board may lease property and then sublease it to such liquor vendors. (3) The board may permit such stores to remain open after regular closing hours of state liquor stores.