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2023 Utah Code
Title 32B - Alcoholic Beverage Control Act
Chapter 5 - Retail License Act
Part 2 - Retail Licensing Process
Section 201 - Application requirements for retail license.
Universal Citation: UT Code § 32B-5-201 (2023)
Effective 6/1/2022
32B-5-201. Application requirements for retail license.
Amended by Chapter 447, 2022 General Session
32B-5-201. Application requirements for retail license.
- (1)
- (a) Before a person may store, sell, offer for sale, furnish, or permit consumption of an alcoholic product on licensed premises as a retail licensee, the person shall first obtain a retail license issued by the commission, notwithstanding whether the person holds a local license or a permit issued by a local authority.
- (b) Violation of this Subsection (1) is a class B misdemeanor.
- (2) To obtain a retail license under this title, a person shall submit to the department:
- (a) a written application in a form prescribed by the department;
- (b) a nonrefundable application fee in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying;
- (c) an initial license fee:
- (i) in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying; and
- (ii) that is refundable if a retail license is not issued;
- (d) written consent of the local authority, including, if applicable, consent for each proposed sublicense;
- (e) a copy of:
- (i) every license the local authority requires, including the person's current business license; and
- (ii) if the person is applying for a principal license, the current business license for each proposed sublicense, except if the local authority determines that the business license for a proposed sublicense is included in the person's current business license;
- (f) evidence of the proposed retail licensee's proximity to any community location, with proximity requirements being governed by Section 32B-1-202;
- (g) a bond as specified by Section 32B-5-204;
- (h) a floor plan, and boundary map where applicable, of the premises of the retail license and each, if any, accompanying sublicense, including any:
- (i) consumption area; and
- (ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic beverage;
- (i) evidence that the retail licensee carries public liability insurance in an amount and form satisfactory to the department;
- (j) evidence that the retail licensee carries dramshop insurance coverage of at least:
- (i) $1,000,000 per occurrence and $2,000,000 in the aggregate;
- (ii) if the retail licensee is a hotel licensee or a resort licensee, $1,000,000 per occurrence and $2,000,000 in the aggregate to cover both the principal license and all accompanying sublicenses; or
- (iii) if the retail licensee is an arena licensee, $10,000,000 per occurrence and $20,000,000 in the aggregate to cover both the arena license and all accompanying sublicenses.
- (k) a signed consent form stating that the retail licensee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter:
- (i) the premises of the retail licensee; and
- (ii) if applicable, the premises of each of the retail licensee's accompanying sublicenses;
- (l) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity;
- (m) a responsible alcohol service plan;
- (n) evidence that each individual the person has hired to work as a retail manager, as defined in Section 32B-1-701, has completed the alcohol training and education seminar as required under Chapter 1, Part 7, Alcohol Training and Education Act; and
- (o) any other information the commission or department may require.
- (3) The commission may not issue a retail license to a person who:
- (a) is disqualified under Section 32B-1-304; or
- (b) is not lawfully present in the United States.
- (4) Unless otherwise provided in the relevant chapter or part for the type of retail license for which the person is applying, the commission may not issue a retail license to a person if the proposed licensed premises does not meet the proximity requirements of Section 32B-1-202.
Amended by Chapter 447, 2022 General Session
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