32B-18-302. Operational requirements for change of location.

347 words·~2 min read·/ut/title-32b/chapter-18/32b-18-302

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

Effective 6/1/2022

(a)Except as permitted under Subsections (1)(b) and

(c), operations of an alcohol licensee shall begin within 30 days after the day on which the commission approves a change of location for the alcohol license.

(b)The department may grant an extension to the 30 days described in Subsection (1)(a) , not to exceed the greater of:

(i)30 days; or

(ii)the number of days until the next regularly scheduled commission meeting.

(c)After the department authorizes an extension described in Subsection (1)(b) , the commission may grant one or more additional extensions, if:

(i)the alcohol licensee demonstrates to the commission that the alcohol licensee cannot begin operations because the alcohol licensee:

(A)is improving the licensed premises;

(B)has obtained a building permit for the improvements described in Subsection (1)(c)(i)(A) , if the respective local authority requires a building permit for the improvements; and

(C)is working expeditiously to complete the improvements to the licensed premises; or

(ii)the commission determines that circumstances beyond the control of the alcohol licensee negate the licensee's ability to begin operations in a timely manner.

(2)An alcohol licensee is considered to have begun operations of the alcohol license if the alcohol licensee:

(a)has a licensed premises that is open for business;

(i)sells, offers for sale, or furnishes an alcoholic product to a patron on the licensed premises described in Subsection (1)(a) ;

(ii)manufactures an alcoholic product on the licensed premises described in Subsection (2)(a) ;

(iii)engages in an industrial or manufacturing pursuit containing alcohol on the licensed premises described in Subsection (2)(a) ; or

(iv)warehouses liquor on the licensed premises described in Subsection (2)(a) ; and

(c)has a valid business license.

(3)If an alcohol licensee fails to begin operations of the alcohol license within the time period required under Subsection

(1), the following are automatically forfeited effective immediately:

(a)the alcohol license; and

(b)the change of location fee.

Enacted by Chapter 447 , 2022 General Session