32B-6-403. Commission’s power to issue bar establishment license.
(1)
Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the person’s premises as a bar establishment licensee, the person shall first obtain a bar establishment license from the commission in accordance with this part.
Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. 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
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
Retail license: means one of the following licenses issued under this title:
Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
(2)
The commission may issue a bar establishment license to establish bar establishment licensed premises at places and in numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premises operated by a bar establishment licensee.
the commission may not issue a total number of bar establishment licenses that at any time exceeds the sum of:
(i)
15; and
(ii)
the number determined by dividing the population of the state by 10,200;
(b)
the commission may issue a seasonal bar establishment license in accordance with Section 32B-5-206 to a bar licensee;
(c)
the commission may authorize as many as three bar establishment license locations within a hotel under one bar establishment license if:
(i)
the location, design, and construction of the hotel requires more than one bar license location within the hotel to serve the public convenience;
(ii)
the hotel has a minimum of 150 guest rooms;
(iii)
all locations under the bar establishment license are:
(A)
within the same hotel; and
(B)
on premises that are managed or operated, and owned or leased, by the bar establishment licensee;
(d)
the commission may authorize up to five dispensing structures under one equity license if the locations under the equity license:
(i)
are connected by a private roadway to which the equity licensee, each member of the equity licensee, and each guest has a legal right of access; and
(ii)
are managed or operated, and owned or leased, by the equity licensee;
(e)
except for a facility operating in accordance with Subsection (3)(d) or a hotel, a facility shall have a separate bar establishment license for each bar establishment license location where an alcoholic product is sold, offered for sale, or furnished;
(f)
when a business establishment undergoes a change of ownership, the commission may issue a bar establishment license to the new owner of the business establishment notwithstanding that there is no bar establishment license available under Subsection (3)(a) if:
(i)
the primary business activity at the business establishment before and after the change of ownership is not the sale, offer for sale, or furnishing of an alcoholic product;
(ii)
before the change of ownership there are two or more licensed premises on the business establishment that operate under a retail license, with at least one of the retail licenses being a bar establishment license;
(iii)
subject to Subsection (3)(g) the licensed premises of the bar establishment license issued under this Subsection (3)(f) is at the same location where the bar establishment license licensed premises was located before the change of ownership; and
(iv)
the person who is the new owner of the business establishment qualifies for the bar establishment license, except for there being no bar establishment license available under Subsection (3)(a); and
(g)
if a bar establishment licensee of a bar establishment license issued under Subsection (3)(f) requests a change of location, the bar establishment licensee may retain the bar establishment license after the change of location only if on the day on which the bar establishment licensee seeks a change of location a bar establishment license is available under Subsection (3)(a).
