32B-7-401. Commission’s power to issue off-premise beer retailer statelicense.
(1)
Beginning on July 1, 2018, and except as provided in Subsection (3), before a person may purchase, store, sell, or offer for sale beer for consumption off the person’s premises, the person shall obtain an off-premise beer retailer state license in accordance with this part.
engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
Off-premise beer retailer state license: means a state license issued in accordance with 4. 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
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 an off-premise beer retailer state license for the retail sale of beer for consumption off the beer retailer’s premises.
(3)
(a)
Subject to Subsection (3)(b), a person who operates as an off-premise beer retailer on July 1, 2018, shall submit an application for an off-premise beer retailer state license on or before May 31, 2019.
(b)
In addition to the fees described in Section 32B-7-402, a person described in Subsection (3)(a) who submits an application for an off-premise beer retailer state license after March 1, 2019, shall submit with the person’s application a fee in the following amount:
(i)
$150, if the person submits the application after March 1, 2019, and on or before April 15, 2019; or
(ii)
$300, if the person submits the application after April 15, 2019, and on or before May 31, 2019.
