(1)  To obtain an on-premise beer retailer license a person shall comply with 2, except that an on-premise beer retailer is required to carry dramshop insurance coverage in accordance with Section 32B-5-201 only if the on-premise beer retailer sells more than $5,000 of beer annually.

Terms Used In Utah Code 32B-6-705

  • Beer: means a product that:
(i) contains:
(A) at least . See Utah Code 32B-1-102
  • Beer retailer: means a business that:
    (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
    (b) is licensed as:
    (i) an off-premise beer retailer, in accordance with 2; or
    (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102
  • License: means :
    (a) a retail license;
    (b) a sublicense;
    (c) a license issued in accordance with 4;
    (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
    (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
    (g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Local authority: means :
    (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
  • On-premise beer retailer: means a beer retailer who is:
    (a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and 7; and
    (b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:
    (i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and
    (ii) on and after March 1, 2012, operating:
    (A) as a tavern; or
    (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Tavern: means an on-premise beer retailer who is:
    (a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and 7; and
    (b) designated by the commission as a tavern in accordance with 7. See Utah Code 32B-1-102
    (2) 

    (a)  An on-premise beer retailer license expires on the last day of February each year.

    (b)  To renew a person’s on-premise beer retailer license, a person shall comply with the renewal requirements of 2, by no later than January 31.

    (3) 

    (a)  The nonrefundable application fee for an on-premise beer retailer license is $300.

    (b) 

    (i)  The initial license fee for an on-premise beer retailer license that is not a tavern is $300.

    (ii)  The initial license fee for an on-premise beer retailer license that is a tavern is $1,500.

    (c) 

    (i)  The renewal fee for an on-premise beer retailer license that is not a tavern is $350.

    (ii)  The renewal fee for an on-premise beer retailer license that is a tavern is $1,250.

    (4)  The bond amount required for an on-premise beer retailer license is the penal sum of $5,000.

    (5)  Notwithstanding the other provisions of this part, if an applicant is a state agency or political subdivision of the state it is not required to:

    (a)  pay an application fee, initial license fee, or renewal fee;

    (b)  obtain the written consent of the local authority;

    (c)  submit a copy of the applicant’s current business license; or

    (d)  post a bond as specified by Section 32B-5-204.

    Amended by Chapter 2, 2011 Special Session 2
    Amended by Chapter 2, 2011 Special Session 2