As used in this section, “conditional off-premise beer retailer state license” means an off-premise beer retailer state license that conditions the holder’s ability to purchase, store, sell, or offer for sale beer for consumption off the holder’s licensed premises on the holder submitting to the department a copy of the holder’s current business license.
Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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)
In accordance with the provisions of this section, the commission may issue a conditional off-premise beer retailer state license to a person if the person:
(a)
meets the requirements to obtain an off-premise beer retailer state license, except the requirement to submit a copy of the person’s current business license; and
(b)
agrees not to purchase, store, sell, or offer for sale beer for consumption off the person’s licensed premises before obtaining an off-premise beer retailer state license.
(3)
(a)
For a conditional off-premise beer retailer state license to become an off-premise beer retailer state license, a person who holds the conditional off-premise beer retailer state license shall:
(i)
submit to the department a copy of the person’s current business license; and
(ii)
provide to the department evidence satisfactory to the department that:
(A)
there has been no change in the information submitted to the commission as part of the person’s application for an off-premise beer retailer state license; and
(B)
the person continues to qualify for an off-premise beer retailer state license.
(b)
A conditional off-premise beer retailer state license becomes an off-premise beer retailer state license on the day on which the department notifies the person who holds the conditional off-premise beer retailer state license that the department finds that the person has complied with Subsection (3)(a).
(4)
(a)
A conditional off-premise beer retailer state license expires nine months after the day on which the commission issues the conditional off-premise beer retailer state license, unless the conditional off-premise beer retailer state license becomes an off-premise beer retailer state license before that day.
(b)
Notwithstanding Subsection (4)(a), the commission may extend the expiration date of a conditional off-premise beer retailer state license by three months if the holder demonstrates to the satisfaction of the commission that the holder:
(i)
has an active building permit related to the licensed premises; and
(ii)
is engaged in a good faith effort to pursue completion within the three-month period.
