State Codes and Statutes
Statutes > Utah > Title-32a > Chapter-10 > 32a-10-202-repealed-07-01-1132A-10-202 (Repealed 07/01/11). Application and renewal requirements.
(1) A person seeking an on-premise beer retailer license under this chapter shall file awritten application with the department, in a form prescribed by the department. The applicationshall be accompanied by:
(a) a nonrefundable $250 application fee;
(b) an initial license fee that is refundable if a license is not granted in the followingamount:
(i) if the on-premise beer retailer licensee does not operate as a tavern, the initial licensefee is $150; or
(ii) if the on-premise beer retailer licensee operates as a tavern, the initial license fee is$1,250;
(c) written consent of the local authority or a license to sell beer at retail for on-premiseconsumption granted by the local authority under Section 32A-10-101;
(d) a copy of the applicant's current business license;
(e) evidence of proximity to any community location, with proximity requirements beinggoverned by Section 32A-10-201;
(f) a bond as specified by Section 32A-10-205;
(g) a floor plan of the premises, including consumption areas and the area where theapplicant proposes to keep, store, and sell beer;
(h) evidence that the on-premise beer retailer licensee is carrying public liabilityinsurance in an amount and form satisfactory to the department;
(i) for a licensee that sells more than $5,000 of beer annually, evidence that theon-premise beer retailer licensee is carrying dramshop insurance coverage of at least $1,000,000per occurrence and $2,000,000 in the aggregate;
(j) a signed consent form stating that the on-premise beer retailer licensee will permit anyauthorized representative of the commission, department, or any peace officer unrestricted rightto enter the licensee premises;
(k) in the case of an applicant that is a partnership, corporation, or limited liabilitycompany, proper verification evidencing that the person or persons signing the on-premise beerretailer licensee application are authorized to so act on the behalf of the partnership, corporation,or limited liability company; and
(l) any other information the department may require.
(2) (a) An on-premise beer retailer license expires on the last day of February of eachyear.
(b) (i) Except as provided in Subsection (2)(b)(ii), a person desiring to renew the person'son-premise beer retailer license shall submit by no later than January 31:
(A) a completed renewal application to the department; and
(B) a renewal fee in the following amount:
(I) if the on-premise beer retailer licensee does not operate as a tavern, the renewal fee is$200; or
(II) if the on-premise beer retailer licensee operates as a tavern, the renewal fee is $1,000.
(ii) A licensee is not required to submit a renewal fee if the licensee is:
(A) a state agency; or
(B) a political subdivision of the state including:
(I) a county; or
(II) a municipality.
(c) Failure to meet the renewal requirements shall result in an automatic forfeiture of thelicense, effective on the date the existing license expires.
(d) A renewal statement shall be in a form as prescribed by the department.
(3) To ensure compliance with Subsection 32A-10-206(17), the commission maysuspend or revoke a beer retailer license if a beer retailer licensee does not immediately notify thedepartment of any change in:
(a) ownership of the beer retailer;
(b) for a corporate owner, the:
(i) corporate officers or directors; and
(ii) shareholders holding at least 20% of the total issued and outstanding stock of thecorporation; or
(c) for a limited liability company:
(i) managers; or
(ii) members owning at least 20% of the limited liability company.
(4) An applicant need not meet the requirements of Subsections (1)(a), (b), (c), (d), and(f) if the applicant is:
(a) a state agency; or
(b) a political subdivision of the state including:
(i) a county; or
(ii) a municipality.
(5) (a) Except as provided in Subsection (5)(c), only one state on-premise beer retailerlicense is required for each building or resort facility owned or leased by the same applicant.
(b) Except as provided in Subsection (5)(c), separate licenses are not required for eachretail beer dispensing outlet located in the same building or on the same resort premises owned oroperated by the same applicant.
(c) (i) Subsections (5)(a) and (5)(b) apply only if all of the retail beer dispensing outletsin the building or resort facility operate in the same manner.
(ii) If the condition described in Subsection (5)(c)(i) is not met:
(A) one state on-premise beer retailer tavern license is required for all outlets in the samebuilding or on the same resort premises that operate as a tavern; and
(B) one state on-premise beer retailer license is required for all outlets in the samebuilding or on the same resort premises that do not operate as a tavern.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session
