Section 39. The board may, upon application made in such manner and form as it shall determine, register a store or retail food store pharmacy department or retail store pharmacy department for the transaction of the retail drug business, and issue to such person as it deems qualified to conduct such store or retail food store pharmacy department or retail store pharmacy department, a permit to keep it open; provided, however, that the board may deny such registration and refuse to issue such permit if, in its reasonable discretion, such store or retail food store pharmacy department or retail store pharmacy department would be inconsistent with or opposed to the best interests of the public health, welfare or safety, but no such registration shall be made or permit issued in the case of a corporation unless it shall appear to the satisfaction of the board that the management of such drug store or retail food store pharmacy department or retail store pharmacy department is in the hands of a registered pharmacist. Such permit shall expire on December thirty-first of each uneven numbered year following the date of its issue, and the fee therefor shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
The board shall, within one hundred and fifty days after the filing of an application render a final decision denying or allowing registration. Failure to render such decision, except when such failure to act is caused by the delay of the applicant, shall constitute an approval of the application and permit shall be issued. For the purposes of this section and section thirty-eight the term retail food store pharmacy department shall mean any area for the transaction of the retail drug business which is located within a retail food store.
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