(1)  To obtain a special use permit, a person shall submit to the department:

Terms Used In Utah Code 32B-10-202

(a) for premises that are located in an unincorporated area of a county, the governing body of a county;
(b) for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or
(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
  • Permittee: means a person issued a permit under:
    (a) Chapter 9, Event Permit Act; or
    (b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • Person: means :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
  • Public conveyance: means a conveyance that the public or a portion of the public has access to and a right to use for transportation, including an airline, railroad, bus, boat, or other public conveyance. See Utah Code 32B-1-102
  • special use permit: means a special use permit issued under this chapter, including:
    (1) a religious wine use permit;
    (2) an industrial or manufacturing use permit;
    (3) a scientific or educational use permit; and
    (4) a public service permit. See Utah Code 32B-10-102
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
    (a)  a written application in a form prescribed by the department;

    (b)  a nonrefundable application fee, if required by the relevant part of this chapter applicable to the type of special use permit for which the person applies;

    (c)  an initial permit fee:

    (i)  if required by the relevant part of this chapter applicable to the type of special use permit for which the person applies; and

    (ii)  that is refundable if a special use permit is not issued;

    (d)  a one-time special use permit fee if required by a section of this chapter:

    (i)  applicable to the type of special use permit for which the person applies; and

    (ii)  that is refundable if a special use permit is not issued;

    (e)  a statement of the purpose for which the person applies for the special use permit;

    (f)  a description of the types of alcoholic product the person intends to use under authority of the special use permit;

    (g)  written consent of the local authority;

    (h)  if required, a bond as provided in Section 32B-10-205;

    (i)  a floor plan of the immediate area within the premises in which the person proposes that an alcoholic product will be used, mixed, stored, sold, or consumed if required by the relevant part of this chapter applicable to the type of special use permit for which the person applies;

    (j)  a signed consent form stating that the special use permittee will permit any authorized representative of the commission, department, or any other law enforcement officer to have unrestricted right to enter the special use permittee’s premises;

    (k)  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; and

    (l)  any other information the commission or department may require.
  • (2) 

    (a)  The commission may issue a special use permit only to a person who qualifies as follows:

    (i)  the commission may issue a religious wine use permit to a religious organization;

    (ii)  the commission may issue an industrial or manufacturing use permit to a person engaged in an industrial or manufacturing pursuit;

    (iii)  the commission may issue a scientific or educational use permit to a person engaged in a scientific or educational pursuit; and

    (iv)  the commission may issue a public service permit to an operator of an airline, railroad, or other public conveyance.

    (b)  The commission may not issue a special use permit to a person who is disqualified under Section 32B-1-304.

    (c)  If a person to whom a special use permit is issued no longer possesses the qualifications required by this title for obtaining that special use permit, the commission may suspend or revoke that special use permit.

    Enacted by Chapter 276, 2010 General Session