Utah Code 32B-5-201. Application requirements for retail license
Current as of: 2024 | Check for updates
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Other versions
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For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 32B-5-201
- Alcohol training and education seminar: means a seminar that is:(5)(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and(5)(b) described in Section
26B-5-205 . See Utah Code 32B-1-102- Alcoholic beverage: means the following:
(3)(a) beer; or(3)(b) liquor. See Utah Code 32B-1-102- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Arena: means an enclosed building:
(6)(a) that is managed by:(6)(a)(i) the same person who owns the enclosed building;(6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or(6)(a)(iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;(6)(b) that operates as a venue; and(6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102- Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. 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- Community location: means :
(23)(a) a public or private school as defined in Subsection32B-1-102 (115);(23)(b) a church;(23)(c) a public library;(23)(d) a public playground; or(23)(e) a public park. 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- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Furnish: includes to:
(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. See Utah Code 32B-1-102- Hotel: includes a commercial lodging establishment that:
(53)(b)(i) meets the requirements under Subsection (53)(a); and(53)(b)(ii) has one or more privately owned dwelling units. 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
- 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 Section63H-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- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- 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- 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
- Principal license: means :
(94)(a) a resort license;(94)(b) a hotel license; or(94)(c) an arena license. See Utah Code 32B-1-102- Resort: means the same as that term is defined in Section
32B-8-102 . See Utah Code 32B-1-102- Responsible alcohol service plan: means a written set of policies and procedures that outlines measures to prevent employees from:
(109)(a) over-serving alcoholic beverages to customers;(109)(b) serving alcoholic beverages to customers who are actually, apparently, or obviously intoxicated; and(109)(c) serving alcoholic beverages to minors. See Utah Code 32B-1-102- Retail license: means one of the following licenses issued under this title:
(113)(a) a full-service restaurant license;(113)(b) a master full-service restaurant license;(113)(c) a limited-service restaurant license;(113)(d) a master limited-service restaurant license;(113)(e) a bar establishment license;(113)(f) an airport lounge license;(113)(g) an on-premise banquet license;(113)(h) an on-premise beer license;(113)(i) a reception center license;(113)(j) a beer-only restaurant license;(113)(k) a hospitality amenity license;(113)(l) a resort license;(113)(m) a hotel license; or(113)(n) an arena license. See Utah Code 32B-1-102- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
- Sublicense: means :
(133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:(133)(a)(i) a full-service restaurant license;(133)(a)(ii) a limited-service restaurant license;(133)(a)(iii) a bar establishment license;(133)(a)(iv) an on-premise banquet license;(133)(a)(v) an on-premise beer retailer license;(133)(a)(vi) a beer-only restaurant license; or(133)(a)(vii) a hospitality amenity license; or(133)(b) a spa sublicense. See Utah Code 32B-1-102- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) Before a person may store, sell, offer for sale, furnish, or permit consumption of an alcoholic product on licensed premises as a retail licensee, the person shall first obtain a retail license issued by the commission, notwithstanding whether the person holds a local license or a permit issued by a local authority.(1)(b) Violation of this Subsection (1) is a class B misdemeanor.(2) To obtain a retail license under this title, a person shall submit to the department:(2)(a) a written application in a form prescribed by the department;(2)(b) a nonrefundable application fee in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying;(2)(c) an initial license fee:(2)(c)(i) in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying; and(2)(c)(ii) that is refundable if a retail license is not issued;(2)(d) written consent of the local authority, including, if applicable, consent for each proposed sublicense;(2)(e) a copy of:(2)(e)(i) every license the local authority requires, including the person’s current business license; and(2)(e)(ii) if the person is applying for a principal license, the current business license for each proposed sublicense, except if the local authority determines that the business license for a proposed sublicense is included in the person’s current business license;(2)(f) evidence of the proposed retail licensee’s proximity to any community location, with proximity requirements being governed by Section32B-1-202 ;(2)(g) a bond as specified by Section32B-5-204 ;(2)(h) a floor plan, and boundary map where applicable, of the premises of the retail license and each, if any, accompanying sublicense, including any:(2)(h)(i) consumption area; and(2)(h)(ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic beverage;(2)(i) evidence that the retail licensee carries public liability insurance in an amount and form satisfactory to the department;(2)(j) evidence that the retail licensee carries dramshop insurance coverage of at least:(2)(j)(i) $1,000,000 per occurrence and $2,000,000 in the aggregate;(2)(j)(ii) if the retail licensee is a hotel licensee or a resort licensee, $1,000,000 per occurrence and $2,000,000 in the aggregate to cover both the principal license and all accompanying sublicenses; or(2)(j)(iii) if the retail licensee is an arena licensee, $10,000,000 per occurrence and $20,000,000 in the aggregate to cover both the arena license and all accompanying sublicenses;(2)(k) a signed consent form stating that the retail licensee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter:(2)(k)(i) the premises of the retail licensee; and(2)(k)(ii) if applicable, the premises of each of the retail licensee’s accompanying sublicenses;(2)(l) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity;(2)(m) a responsible alcohol service plan;(2)(n) evidence that each individual the person has hired to work as a retail manager, as defined in Section32B-1-701 , has completed the alcohol training and education seminar as required under Chapter 1, Part 7, Alcohol Training and Education Act; and(2)(o) any other information the commission or department may require.(3) The commission may not issue a retail license to a person who:(3)(a) is disqualified under Section32B-1-304 ; or(3)(b) is not lawfully present in the United States.(4) Unless otherwise provided in the relevant chapter or part for the type of retail license for which the person is applying, the commission may not issue a retail license to a person if the proposed licensed premises does not meet the proximity requirements of Section32B-1-202 .(5) The commission may not deny an application for a retail license, an application for a conditional retail license under Section32B-5-205 , or an application for a sublicense under Chapter 8d, Sublicense Act, if:(5)(a) the applicant satisfies the requirements of this chapter; and(5)(b) for a retail license or a conditional retail license, granting the retail license or the conditional retail license would not cause the commission to exceed the maximum number of licenses of that retail license type that the commission is authorized to issue under this chapter. - Alcoholic beverage: means the following: