Utah Code 32B-18-302. Operational requirements for change of location
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Terms Used In Utah Code 32B-18-302
- 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 product: includes an alcoholic beverage. See Utah Code 32B-1-102
- 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 - 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
- Liquor: includes :(66)(a)(ii)(A) heavy beer;(66)(a)(ii)(B) wine; and(66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
- Local authority: means :(70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;(70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or(70)(c) for premises that are located in a project area as defined in Section
63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102 - Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:(87)(a) a customer;(87)(b) a member;(87)(c) a guest;(87)(d) an attendee of a banquet or event;(87)(e) an individual who receives room service;(87)(f) a resident of a resort; or(87)(g) a hospitality guest, as defined in Section
32B-6-1002 , under a hospitality amenity license. See Utah Code 32B-1-102 - Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
(1)(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.
(1)(b) The department may grant an extension to the 30 days described in Subsection (1)(a), not to exceed the greater of:
(1)(b)(i) 30 days; or
(1)(b)(ii) the number of days until the next regularly scheduled commission meeting.
(1)(c) After the department authorizes an extension described in Subsection (1)(b), the commission may grant one or more additional extensions, if:
(1)(c)(i) the alcohol licensee demonstrates to the commission that the alcohol licensee cannot begin operations because the alcohol licensee:
(1)(c)(i)(A) is improving the licensed premises;
(1)(c)(i)(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
(1)(c)(i)(C) is working expeditiously to complete the improvements to the licensed premises; or
(1)(c)(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:
(2)(a) has a licensed premises that is open for business;
(2)(b)
(2)(b)(i) sells, offers for sale, or furnishes an alcoholic product to a patron on the licensed premises described in Subsection (1)(a);
(2)(b)(ii) manufactures an alcoholic product on the licensed premises described in Subsection (2)(a);
(2)(b)(iii) engages in an industrial or manufacturing pursuit containing alcohol on the licensed premises described in Subsection (2)(a); or
(2)(b)(iv) warehouses liquor on the licensed premises described in Subsection (2)(a); and
(2)(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:
(3)(a) the alcohol license; and
(3)(b) the change of location fee.