Utah Code 32B-6-705. Specific licensing requirements for on-premise beer retailer license
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(1) To obtain an on-premise beer retailer license a person shall comply with Chapter 5, Part 2, Retail Licensing Process, 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:(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102
- Beer retailer: means a business that:
(13)(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(13)(b) is licensed as:(13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or(13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. 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- 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- Local authority: means :
(70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;(70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or(70)(c) for premises that are located in a project area as defined in Section63H-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:
(83)(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and(83)(b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:(83)(b)(i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and(83)(b)(ii) on and after March 1, 2012, operating:(83)(b)(ii)(A) as a tavern; or(83)(b)(ii)(B) in a manner that meets the requirements of Subsection32B-6-703 (2)(e)(i). 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- Process: means a writ or summons issued in the course of a judicial proceeding. See 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:
(135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and(135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102(2)(2)(a) An on-premise beer retailer license expires on the last day of February each year.(2)(b) To renew a person’s on-premise beer retailer license, a person shall comply with the renewal requirements of Chapter 5, Part 2, Retail Licensing Process, by no later than January 31.(3)(3)(a) The nonrefundable application fee for an on-premise beer retailer license is $300.(3)(b)(3)(b)(i)(3)(b)(i)(A) The initial license fee for an on-premise beer retailer license that is not a tavern is $300.(3)(b)(i)(B) The department shall prorate the $300 initial license fee for the period that begins the day on which the initial license fee is paid and ends the day on which the on-premise beer retailer license expires.(3)(b)(ii)(3)(b)(ii)(A) The initial license fee for an on-premise beer retailer license that is a tavern is $1,500.(3)(b)(ii)(B) The department shall prorate the $1,500 initial license fee for the period that begins the day on which the initial license fee is paid and ends the day on which the on-premise beer retailer license expires.(3)(c)(3)(c)(i) The renewal fee for an on-premise beer retailer license that is not a tavern is $350.(3)(c)(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:(5)(a) pay an application fee, initial license fee, or renewal fee;(5)(b) obtain the written consent of the local authority;(5)(c) submit a copy of the applicant’s current business license; or(5)(d) post a bond as specified by Section32B-5-204 . - Beer retailer: means a business that: