Utah Code 32B-18-203. Application — Approval process
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Terms Used In Utah Code 32B-18-203
- Alcohol license: means :(1)(a)(i) a retail license;(1)(a)(ii) an off-premise beer retailer state license;(1)(a)(iii) a brewery manufacturing license;(1)(a)(iv) a distillery manufacturing license;(1)(a)(v) a winery manufacturing license;(1)(a)(vi) a liquor warehousing license; and(1)(a)(vii) a special use permit that is an industrial or manufacturing use permit. See Utah Code 32B-18-101
- Alcoholic beverage: means the following:
(3)(a) beer; or(3)(b) liquor. See Utah Code 32B-1-102- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Business entity: means a corporation, partnership, limited liability company, sole proprietorship, or similar entity. See Utah Code 32B-18-101
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102- Interim alcoholic beverage management agreement: means a management agreement:
(3)(a) in connection with:(3)(a)(i) a change of ownership in the entity holding an alcohol license; or(3)(a)(ii) a transfer of the management of an alcohol license to another entity; and(3)(b) under which the new owner or new management agrees to perform the operations of the alcohol licensee during the period that:(3)(b)(i) begins when:(3)(b)(i)(A) the change of ownership closes; or(3)(b)(i)(B) the new management agreement is executed; and(3)(b)(ii) ends on the day after the day on which the commission approves the alcohol license for the new owner. See Utah Code 32B-18-101- Inventory transfer agreement: means an agreement under which an alcohol licensee agrees to sell or otherwise transfer all or part of the alcohol licensee's inventory of alcoholic products. See Utah Code 32B-18-101
- License: means :
(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Management agreement: means an agreement between two people regarding the operation and management of an alcohol license. See Utah Code 32B-18-101
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) A person seeking an alcohol license in accordance with this part that is currently held by another person shall submit to the department:(1)(a)(i) a written application for a new license in a form prescribed by the department; and(1)(a)(ii) a fee in accordance with Section 32B-18-207.(1)(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:(1)(b)(i) provides for all proceeds from the sale of alcohol, less cost of goods sold, to accrue to the current alcohol licensee;(1)(b)(ii) provides for the duration of the agreement, that the current alcohol licensee:(1)(b)(ii)(A) shall comply with the requirements of this title that are applicable to the alcohol license; and(1)(b)(ii)(B) in accordance with this title, is subject to disciplinary action by the commission for a violation of this title; and(1)(b)(iii) the department approves.(1)(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:(2)(a) a written application in a form prescribed by the department; and(2)(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. - Alcoholic beverage: means the following: