45. The board may, even if one of the conditions provided in subparagraphs 1, 2 and 3 of the first paragraph of section 39 and paragraph 2 of section 41 are not fulfilled, decide to issue a permit if, at the time of the application, the applicant, as the case may be,
(1) is the holder of a promise to purchase or to lease the establishment conditional to obtaining the permit and undertakes to become the owner or the lessee of the establishment within the period fixed by the board;
(2) produces a detailed plan of the projected arrangement of the establishment and furnishes a sufficient undertaking to comply with the standards prescribed within the period fixed by the board; or
(3) undertakes to obtain the required permit and certificate within the period fixed by the board.
The board may also decide to issue a permit even if, at the time of the application, the applicant did not establish that he and, where applicable, the persons referred to in section 38 fulfil the conditions applicable to them under section 36, provided that he undertakes to file with the board, within the time it prescribes, any document it considers relevant.
However, the permit is then issued only if the applicant complies with his undertaking to the satisfaction of the board.
1979, c. 71, s. 45; 1987, c. 12, s. 52; 1991, c. 51, s. 6; 1993, c. 39, s. 95; 1997, c. 51, s. 28.