32B-7-406. Conditional off-premise beer retailer state license.

402 words·~2 min read·/ut/title-32b/chapter-7/32b-7-406

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

Effective 7/21/2018

(1)As used in this section, "conditional off-premise beer retailer state license" means an off-premise beer retailer state license that conditions the holder's ability to purchase, store, sell, or offer for sale beer for consumption off the holder's licensed premises on the holder submitting to the department a copy of the holder's current business license.

(2)In accordance with the provisions of this section, the commission may issue a conditional off-premise beer retailer state license to a person if the person:

(a)meets the requirements to obtain an off-premise beer retailer state license, except the requirement to submit a copy of the person's current business license; and

(b)agrees not to purchase, store, sell, or offer for sale beer for consumption off the person's licensed premises before obtaining an off-premise beer retailer state license.

(a)For a conditional off-premise beer retailer state license to become an off-premise beer retailer state license, a person who holds the conditional off-premise beer retailer state license shall:

(i)submit to the department a copy of the person's current business license; and

(ii)provide to the department evidence satisfactory to the department that:

(A)there has been no change in the information submitted to the commission as part of the person's application for an off-premise beer retailer state license; and

(B)the person continues to qualify for an off-premise beer retailer state license.

(b)A conditional off-premise beer retailer state license becomes an off-premise beer retailer state license on the day on which the department notifies the person who holds the conditional off-premise beer retailer state license that the department finds that the person has complied with Subsection (3)(a) .

(a)A conditional off-premise beer retailer state license expires nine months after the day on which the commission issues the conditional off-premise beer retailer state license, unless the conditional off-premise beer retailer state license becomes an off-premise beer retailer state license before that day.

(b)Notwithstanding Subsection (4)(a) , the commission may extend the expiration date of a conditional off-premise beer retailer state license by three months if the holder demonstrates to the satisfaction of the commission that the holder:

(i)has an active building permit related to the licensed premises; and

(ii)is engaged in a good faith effort to pursue completion within the three-month period.

Enacted by Chapter 7 , 2018 Special Session 2