32B-8-202.  Specific licensing requirements for resort license.

(1)  To obtain a resort license, in addition to complying with 2, a person shall submit with the person’s written application:

Terms Used In Utah Code 32B-8-202

  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Community location: means :
(a) a public or private school;
(b) a church;
(c) a public library;
(d) a public playground; or
(e) a public park. 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
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Resort: means a location:
    (a) on which is located one resort building; and
    (b) that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102
  • Resort building: means a building:
    (a) that is primarily operated to provide dwellings or lodging accommodations;
    (b) that has at least 150 units that consist of a dwelling or lodging accommodations;
    (c) that consists of at least 400,000 square feet:
    (i) including only the building itself; and
    (ii) not including areas such as above ground surface parking; and
    (d) of which at least 50% of the units described in Subsection (6)(b) consist of dwellings owned by a person other than the resort licensee. See Utah Code 32B-8-102
  • Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
  • Sublicense: means :
    (a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
    (i) a full-service restaurant license;
    (ii) a limited-service restaurant license;
    (iii) a bar establishment license;
    (iv) an on-premise banquet license;
    (v) an on-premise beer retailer license;
    (vi) a beer-only restaurant license; or
    (vii) a hospitality amenity license; or
    (b) a spa sublicense. See Utah Code 32B-1-102
    (a)  evidence:

    (i)  of proximity of the resort building to any community location;

    (ii)  that each proposed sublicensed premises is entirely within the boundaries of the resort building; and

    (iii)  that the building designated in the application as the resort building qualifies as a resort building; and

    (b)  a description and boundary map of the resort building.
  • (2) 

    (a)  A resort license expires on October 31 of each year.

    (b)  To renew a person’s resort license, the person shall comply with the requirements of 2, by no later than September 30.

    (3) 

    (a)  The nonrefundable application fee for a resort license is $300.

    (b)  The initial license fee for a resort license is calculated as follows:

    (i)  if four sublicenses are being applied for under the resort license, $10,000; or

    (ii)  if more than four sublicenses are being applied for under the resort license, the sum of:

    (A)  $10,000; and

    (B)  $2,000 for each sublicense in excess of four sublicenses for which the person is applying.

    (c)  The renewal fee for a resort license is $1,000 for each sublicense under the resort license.

    (4) 

    (a)  The bond amount required for a resort license is the penal sum of $25,000.

    (b)  A resort licensee is not required to have a separate bond for each sublicense, except that the aggregate of the bonds posted by the resort licensee shall cover each sublicense under the resort license.

    (5)  The commission may not issue a resort license for a resort building that does not meet the proximity requirements of Section 32B-1-202.

    (6)  In accordance with Subsection 32B-8d-103(4), a resort licensee may request to add a sublicense after the commission issues the resort licensee’s resort license.

    Amended by Chapter 219, 2020 General Session