32B-5-309. Ceasing operation.

403 words·~2 min read·/ut/title-32b/chapter-5/32b-5-309·

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

Effective 5/3/2023

(1)Except as provided in Subsection

(8), a retail licensee may not close or cease operation for a period longer than 240 hours, unless:

(a)the retail licensee notifies the department in writing at least seven days before the day on which the retail licensee closes or ceases operation; and

(b)the closure or cessation of operation is first approved by the department.

(2)Notwithstanding Subsection

(1), in the case of emergency closure, a retail licensee shall immediately notify the department by telephone.

(a)The department may authorize an initial closure or cessation of operation of a retail licensee for a period not to exceed 60 days.

(b)Upon written request of the retail licensee and a showing of good cause, the department may extend the initial period described in Subsection (3)(a) for a period not to exceed the greater of:

(i)30 days; or

(ii)the number of days until the day on which the commission holds the commission's next regularly scheduled meeting.

(4)A closure or cessation of operation may not exceed the time limits described in Subsection

(3)without commission approval.

(5)A notice required under this section shall include:

(a)the dates of closure or cessation of operation;

(b)the reason for the closure or cessation of operation; and

(c)the date on which the retail licensee will reopen or resume operation.

(6)If a retail licensee fails to provide notice and to obtain department approval before closure or cessation of operation, the commission may:

(a)suspend, revoke, or deem forfeited the retail license; or

(b)deem the unused portion of the retail license fee for the remainder of the retail license year forfeited.

(7)If a retail licensee fails to reopen or resume operation by the date approved under Subsections

(3)and

(4), the commission may:

(a)suspend, revoke, or deem forfeited the retail license; or

(b)deem the unused portion of the retail license fee for the remainder of the retail license year forfeited.

(8)This section does not apply to:

(a)an on-premise beer retailer who is not a tavern;

(b)an airport lounge licensee; or

(c)a hospitality amenity licensee.

(9)For purposes of this section, the department may not base a determination that a retail licensee has ceased operation solely upon the retail licensee's lack of sales.

Amended by Chapter 371 , 2023 General Session