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2021 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 8a - Transfer of Alcohol License Act
Part 3 - Process for Transferring a Retail License
Section 303 - Transfer fees.
Universal Citation: UT Code § 32B-8a-303 (2021)
Effective 5/5/2021
32B-8a-303. Transfer fees.
Amended by Chapter 291, 2021 General Session
32B-8a-303. Transfer fees.
- (1) Except as otherwise provided in this section, the department shall charge the following transfer fees:
- (a) for a transfer of an alcohol license from an alcohol licensee to another person, the transfer fee equals the initial license fee amount specified in the relevant chapter or part for the type of alcohol license that is being transferred;
- (b) for the transfer of an alcohol license from one premises to another premises of the same alcohol licensee, the transfer fee is $300;
- (c) subject to Subsections (1)(d) and (2), for a transfer described in Section 32B-8a-202, the transfer fee equals the renewal fee amount specified in the relevant chapter or part for the type of alcohol license that is being transferred;
- (d) for a transfer of an alcohol license to include the parent or adult child of an alcohol licensee, when no consideration is given for the transfer, the transfer fee is one-half of the amount described in Subsection (1)(a); and
- (e) for one of the following transfers, the transfer fee is one-half of the amount described in Subsection (1)(a):
- (i) an alcohol license of one spouse to the other spouse when the transfer application is made before the entry of a final decree of divorce;
- (ii) an alcohol license of a deceased alcohol licensee to:
- (A) the one or more surviving partners of the deceased alcohol licensee;
- (B) the executor, administrator, or conservator of the estate of the deceased alcohol licensee; or
- (C) the surviving spouse of the deceased alcohol licensee, if the deceased alcohol licensee leaves no estate to be administered;
- (iii) an alcohol license of an incompetent person or conservatee by or to the conservator or guardian for the incompetent person or conservatee who is the alcohol licensee;
- (iv) an alcohol license of a debtor in a bankruptcy case by or to the trustee of a bankrupt estate of the alcohol licensee;
- (v) an alcohol license of a person for whose estate a receiver is appointed may be transferred by or to a receiver of the estate of the alcohol licensee;
- (vi) an alcohol license of an assignor for the benefit of creditors by or to an assignee for the benefit of creditors of a licensee with the consent of the assignor;
- (vii) an alcohol license transferred to a revocable living trust if the alcohol licensee is the trustee of the revocable living trust;
- (viii) an alcohol license transferred between partners when no new partner is being licensed;
- (ix) an alcohol license transferred between corporations whose outstanding shares of stock are owned by the same individuals;
- (x) upon compliance with Section 32B-8a-202, an alcohol license to a corporation whose entire stock is owned by:
- (A) the transferor or seller; or
- (B) the spouse of the transferor or seller;
- (xi) upon compliance with Section 32B-8a-202, an alcohol license to a limited liability company whose entire membership consists of:
- (A) the transferor or seller; or
- (B) the spouse of the transferor or seller; or
- (xii) an alcohol license transferred from a corporation to a person who owns, or whose spouse owns, the entire stock of the corporation.
- (2) If there are multiple and simultaneous transfers of alcohol licenses under Section 32B-8a-202, a transfer fee described in Subsection (1)(c) is required for only one of the alcohol licenses being transferred.
- (3)
- (a) Except as provided in Subsection (3)(b), a transfer fee required under Subsection (1) is due for a transfer subsequent to a transfer under Subsection (1)(e)(xii) if the subsequent transfer is of 51% of the stock in a corporation to which an alcohol license is transferred by an alcohol licensee or the spouse of an alcohol licensee.
- (b) If the transfer of stock described in Subsection (3)(a) is from a parent to the parent's adult child or adult grandchild, the transfer fee is one-half of the amount described in Subsection (1)(a).
- (4) Money collected from a transfer fee shall be deposited in the Liquor Control Fund.
Amended by Chapter 291, 2021 General Session
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