Utah Code 32B-5-309. Ceasing operation
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(1) Except as provided in Subsection (8), a retail licensee may not close or cease operation for a period longer than 240 hours, unless:
Terms Used In Utah Code 32B-5-309
- Airport lounge: means a business location:(1)(a) at which an alcoholic product is sold at retail for consumption on the premises; and(1)(b) that is located at an international airport or domestic airport. See Utah Code 32B-1-102
- Beer: means a product that:
(11)(a)(i) contains:(11)(a)(i)(A) at least . 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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- Tavern: means an on-premise beer retailer who is:
(135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and(135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(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(1)(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.(3)(3)(a) The department may authorize an initial closure or cessation of operation of a retail licensee for a period not to exceed 60 days.(3)(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:(3)(b)(i) 30 days; or(3)(b)(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:(5)(a) the dates of closure or cessation of operation;(5)(b) the reason for the closure or cessation of operation; and(5)(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:(6)(a) suspend, revoke, or deem forfeited the retail license; or(6)(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:(7)(a) suspend, revoke, or deem forfeited the retail license; or(7)(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:(8)(a) an on-premise beer retailer who is not a tavern;(8)(b) an airport lounge licensee; or(8)(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. - Beer: means a product that: