2006 Utah Code - 32A-10-202 — Application and renewal requirements.

     32A-10-202.   Application and renewal requirements.
     (1) A person seeking an on-premise beer retailer license under this chapter 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 that is refundable if a license is not granted in the following amount:
     (i) if the on-premise beer retailer licensee does not operate as a tavern, the initial license fee 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-premise consumption 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 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-10-201(3) and (4), the application shall be processed in accordance with those subsections;
     (f) a bond as specified by Section 32A-10-205;
     (g) a floor plan of the premises, including consumption areas and the area where the applicant proposes to keep, store, and sell beer;
     (h) evidence that the on-premise beer retailer licensee is carrying public liability insurance in an amount and form satisfactory to the department;
     (i) for those licensees that sell more than $5,000 of beer annually, evidence that the on-premise beer retailer licensee 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 on-premise beer retailer licensee will permit any authorized representative of the commission, department, or any peace officer unrestricted right to enter the licensee premises;
     (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 on-premise beer retailer 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) All on-premise beer retailer licenses expire on the last day of February of each year.
     (b) (i) Except as provided in Subsection (2)(b)(ii), a person desiring to renew the person's on-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

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     (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.
     (3) To ensure compliance with Subsection 32A-10-206(18), the commission may suspend or revoke a beer retailer license if any beer retailer licensee does not immediately notify the department 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 the corporation; 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 retailer license 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 each retail beer dispensing outlet located in the same building or on the same resort premises owned or operated by the same applicant.
     (c) (i) Subsections (5)(a) and (5)(b) apply only if all of the retail beer dispensing outlets in 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 same building 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 same building or on the same resort premises that do not operate as a tavern.

Amended by Chapter 268, 2004 General Session