2006 Utah Code - 32A-4-402 — Application and renewal requirements.

     32A-4-402.   Application and renewal requirements.
     (1) (a) A person seeking an on-premise banquet 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:
     (i) a nonrefundable $250 application fee;
     (ii) an initial license fee of $500, which is refundable if a license is not granted;
     (iii) written consent of the local authority;
     (iv) a copy of the applicant's current business license;
     (v) 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-4-401(6) and (7), the application shall be processed in accordance with those subsections;
     (vi) a bond as specified by Section 32A-4-405;
     (vii) a description or floor plan and boundary map of the premises, where appropriate, of the on-premise banquet license applicant's location, designating:
     (A) the location at which the on-premise banquet license applicant proposes that alcoholic beverages be stored; and
     (B) the designated locations on the premises of the applicant from which the on-premise banquet license applicant proposes that alcoholic beverages be sold or served, and consumed;
     (viii) evidence that the on-premise banquet license applicant is carrying public liability insurance in an amount and form satisfactory to the department;
     (ix) evidence that the on-premise banquet license applicant is carrying dramshop insurance coverage of at least $500,000 per occurrence and $1,000,000 in the aggregate;
     (x) a signed consent form stating that the on-premise banquet license applicant will permit any authorized representative of the commission, department, or any law enforcement officer unrestricted right to enter the on-premise banquet premises;
     (xi) 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 on-premise banquet license application are authorized to so act on behalf of the partnership, corporation, or limited liability company; and
     (xii) any other information the commission or department may require.
     (b) An applicant need not meet the requirements of Subsections (1)(a)(i), (ii), (iii), (iv), and (vi) if the applicant is:
     (i) a state agency; or
     (ii) a political subdivision of the state including:
     (A) a county; or
     (B) a municipality.
     (2) Additional locations in or on the premises of an on-premise banquet license applicant's business from which the on-premise banquet license applicant may propose that alcoholic beverages may be stored, sold or served, or consumed, not included in the applicant's original application may be approved by the department upon proper application, in accordance with guidelines approved by the commission.
     (3) (a) All on-premise banquet licenses expire on October 31 of each year.
     (b) (i) Except as provided in Subsection (3)(b)(ii), a person desiring to renew that person's on-premise banquet license shall submit a renewal fee of $500 and a completed renewal

application to the department no later than September 30.
     (ii) A licensee is not required to submit the 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 the license effective on the date the existing license expires.
     (d) Renewal applications shall be in a form as prescribed by the department.
     (4) To ensure compliance with Subsection 32A-4-406(27), the commission may suspend or revoke an on-premise banquet license if the on-premise banquet licensee fails to immediately notify the department of any change in:
     (a) ownership of the licensee;
     (b) for a corporate owner, the:
     (i) corporate officers 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 152, 2005 General Session