Utah Code 32B-8b-202. Specific licensing requirements for hotel license
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(1) To obtain a hotel license, in addition to complying with Chapter 5, Part 2, Retail Licensing Process, a person shall submit with the person’s written application:
Terms Used In Utah Code 32B-8b-202
- 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 Subsection
32B-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 - Designated conveyance area: means a route within a hotel or resort:(2)(a) that connects one or more of the following:(2)(a)(i) the premises of a bar establishment sublicensee;(2)(a)(ii) the premises of a hospitality amenity sublicensee;(2)(a)(iii) the premises of an on-premise banquet sublicensee; or(2)(a)(iv) a guest's room; and(2)(b) does not begin, end, or pass through a pool area or other recreation area, a designated business center, or a sublicensed premises not described in Subsection (2)(a). See Utah Code 32B-8b-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.
- Hotel: means one or more buildings that:(3)(a) comprise a hotel, as defined by the commission;(3)(b) are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;(3)(c) primarily operate to provide lodging accommodations;(3)(d) have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;(3)(e) have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and(3)(f) have at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-8b-102
- Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. 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
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
(1)(a) evidence:
(1)(a)(i) of proximity of each building under the hotel license to any community location;
(1)(a)(ii) that each proposed sublicensed premises is entirely within the boundary of the hotel; and
(1)(a)(iii) that each building designated in the application as a building under the hotel license qualifies to be under the hotel license;
(1)(b) a description and boundary map of the hotel;
(1)(c) a description, floor plan, and boundary map of each proposed designated conveyance area; and
(1)(d) a signed consent form stating that the hotel licensee will permit any authorized representative of the commission or department, or any law enforcement officer, to have an unrestricted right to enter any proposed designated conveyance area.
(2)
(2)(a) A hotel license expires on October 31 of each year.
(2)(b) To renew a person’s hotel license, the person shall comply with the requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than September 30.
(3)
(3)(a) The nonrefundable application fee for a hotel license is $500.
(3)(b) The initial license fee for a hotel license is calculated as follows:
(3)(b)(i) if three sublicenses are being applied for under the hotel license, $5,000; or
(3)(b)(ii) if more than three sublicenses are being applied for under the hotel license, the sum of:
(3)(b)(ii)(A) $5,000; and
(3)(b)(ii)(B) $2,000 for each sublicense in excess of three sublicenses for which the person is applying.
(3)(c) The renewal fee for a hotel license is $1,000 for each sublicense under the hotel license.
(4)
(4)(a) The bond amount required for a hotel license is the penal sum of $10,000, covering each sublicense and each designated conveyance area under the hotel license.
(4)(b) A hotel licensee is not required to have a separate bond for each sublicense or each designated conveyance area.
(5) The commission may not issue a hotel license that includes a building under the hotel license that does not meet the proximity requirements of Section 32B-1-202 .
(6) In accordance with Subsection 32B-8d-103 (4), a hotel licensee may request to add a sublicense after the commission issues the hotel licensee’s hotel license.
(7)
(7)(a) A hotel licensee may request to add a designated conveyance area after the commission issues the hotel licensee’s hotel license.
(7)(b) If a hotel licensee seeks to add a designated conveyance area under Subsection (7)(a), the hotel licensee shall submit to the department:
(7)(b)(i) the information and evidence described in Subsections (1)(a)(iii), (1)(c), and (1)(d); and
(7)(b)(ii) if the hotel licensee is an entity, proper verification evidencing that the person who signs the submission is authorized to sign on behalf of the entity.