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:
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
(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)
(a)
The department may authorize an initial closure or cessation of operation of a retail licensee for a period not to exceed 60 days.
(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:
(i)
30 days; or
(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:
(a)
the dates of closure or cessation of operation;
(b)
the reason for the closure or cessation of operation; and
(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:
(a)
suspend, revoke, or deem forfeited the retail license; or
(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:
(a)
suspend, revoke, or deem forfeited the retail license; or
(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:
(a)
an on-premise beer retailer who is not a tavern;
(b)
an airport lounge licensee; or
(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.
