State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-05 > 32b-5-205-effective-07-01-11

32B-5-205 (Effective 07/01/11). Conditional retail license.
(1) As used in this section:
(a) "Conditional retail license" means a retail license that:
(i) is for one of the following:
(A) a full-service restaurant license; or
(B) a limited-service restaurant license;
(ii) conditions the holder's ability to sell, offer for sale, furnish, or allow the consumptionof an alcoholic product on its licensed premises on the person submitting to the department acopy of the holder's current business license before obtaining a valid retail license; and
(iii) provides that the holder will be issued a valid retail license if the holder complieswith the requirements of Subsection (3).
(b) "Valid retail license" means a retail license issued pursuant to this part under whichthe holder is permitted to sell, offer for sale, furnish, or allow the consumption of an alcoholicproduct on its licensed premises.
(2) Subject to the requirements of this section, the commission may issue a conditionalretail license to a person if the person:
(a) meets the requirements to obtain the retail license for which the person is applyingexcept the requirement to submit a copy of the person's current business license; and
(b) agrees not to sell, offer for sale, furnish, or allow the consumption of an alcoholicproduct on its licensed premises before obtaining a valid retail license.
(3) (a) A conditional retail license becomes a valid retail license on the day on which thedepartment notifies the person who holds the conditional retail license that the department findsthat the person has complied with Subsection (3)(b).
(b) For a conditional retail license to become a valid retail license, a person who holdsthe conditional retail license shall:
(i) submit to the department a copy of the person's current business license; and
(ii) provide to the department evidence satisfactory to the department that:
(A) there has been no change in the information submitted to the commission as part ofthe person's application for a retail license; and
(B) the person continues to qualify for the retail license.
(4) A conditional retail license expires six months after the day on which the commissionissues the conditional retail license, unless the conditional retail license becomes a valid retaillicense before that day.

Enacted by Chapter 276, 2010 General Session