2006 Utah Code - 32A-4-303 — Application and renewal requirements.

     32A-4-303.   Application and renewal requirements.
     (1) A person seeking a limited restaurant license under this part shall file a written application with the department, in a form prescribed by the department. The application shall be accompanied by:
     (a) a nonrefundable $250 application fee;
     (b) an initial license fee of $500, which is refundable if a license is not granted;
     (c) written consent of the local authority;
     (d) a copy of the applicant's current business license;
     (e) evidence of proximity to any public or private school, church, public library, public playground, or park, and if the proximity is within the 600 foot or 200 foot limitation of Subsections 32A-4-302(4) and (5), the application shall be processed in accordance with those subsections;
     (f) a bond as specified by Section 32A-4-306;
     (g) a floor plan of the restaurant, including:
     (i) consumption areas; and
     (ii) the area where the applicant proposes to keep, store, and sell wine, heavy beer, and beer;
     (h) evidence that the restaurant is carrying public liability insurance in an amount and form satisfactory to the department;
     (i) evidence that the restaurant is carrying dramshop insurance coverage of at least $500,000 per occurrence and $1,000,000 in the aggregate;
     (j) a signed consent form stating that the restaurant will permit any authorized representative of the commission, department, or any law enforcement officer unrestricted right to enter the restaurant;
     (k) in the case of an applicant that is a partnership, corporation, or limited liability company, proper verification evidencing that the person or persons signing the restaurant application are authorized to so act on behalf of the partnership, corporation, or limited liability company; and
     (l) any other information the commission or department may require.
     (2) A holder of a restaurant liquor license or a private club license on May 5, 2003, may not be required to pay the application or initial license fees for a limited restaurant license under this chapter if the licensee:
     (a) surrenders the restaurant liquor license or private club license before being granted a limited restaurant license; and
     (b) applies for a limited restaurant license in calendar year 2003:
     (i) for the same premises for which the restaurant liquor license or private club license was granted; and
     (ii) before the expiration of the restaurant liquor license or private club license.
     (3) (a) All limited restaurant licenses expire on October 31 of each year.
     (b) A person desiring to renew that person's limited restaurant license shall submit:
     (i) a renewal fee of $300; and
     (ii) a renewal application to the department no later than September 30.
     (c) Failure to meet the renewal requirements shall result in an automatic forfeiture of the license effective on the date the existing license expires.
     (d) Renewal applications shall be in a form as prescribed by the department.

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     (4) To ensure compliance with Subsection 32A-4-307(28), the commission may suspend or revoke a limited restaurant license if the limited restaurant licensee does not immediately notify the department of any change in:
     (a) ownership of the restaurant;
     (b) for a corporate owner, the:
     (i) corporate officer or directors; or
     (ii) shareholders holding at least 20% of the total issued and outstanding stock of the corporation; or
     (c) for a limited liability company:
     (i) managers; or
     (ii) members owning at least 20% of the limited liability company.

Amended by Chapter 268, 2004 General Session