32B-18-203. Application -- Approval process.

335 words·~2 min read·/ut/title-32b/chapter-18/32b-18-203·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 6/1/2022

(a)A person seeking an alcohol license in accordance with this part that is currently held by another person shall submit to the department:

(i)a written application for a new license in a form prescribed by the department; and

(ii)a fee in accordance with Section 32B-18-207 .

(b)If the person seeking an alcohol license as described in Subsection

(1)seeks to take over the daily operations of the alcohol license before the commission grants the transfer, the person and the alcohol licensee shall enter into an interim alcoholic beverage management agreement that:

(i)provides for all proceeds from the sale of alcohol, less cost of goods sold, to accrue to the current alcohol licensee;

(ii)provides for the duration of the agreement, that the current alcohol licensee:

(A)shall comply with the requirements of this title that are applicable to the alcohol license; and

(B)in accordance with this title, is subject to disciplinary action by the commission for a violation of this title; and

(iii)the department approves.

(c)If the person seeking an alcohol license as described in Subsection

(1)seeks to buy the inventory from the existing licensee, the person and the alcohol licensee shall enter into an inventory transfer agreement that the department approves.

(2)An alcohol licensee seeking to restructure the alcohol licensee's internal ownership of 51% or more shall submit to the department:

(a)a written application in a form prescribed by the department; and

(b)a fee in accordance with Section 32B-18-207 .

(3)A person or business entity shall comply with this section within 60 days after the day on which the sale of the business's assets closes or the restructuring of the business entity becomes effective.

(4)In accordance with this section and Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the commission may make rules governing the requirements of an interim alcoholic beverage management agreement.

Enacted by Chapter 447 , 2022 General Session