(1)  To obtain a resort license, in addition to complying with Chapter 5, Part 2, Retail Licensing Process, a person shall submit with the written application:

Terms Used In Utah Code 32B-8-202

(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
  • Department: means the Department of Alcoholic Beverage Control 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.
  • License: means :
    (a) a retail license;
    (b) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
    (d) a license issued in accordance with Chapter 13, Beer Wholesaling 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 48-2e-1156
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • 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 (9)(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) a full-service restaurant sublicense;
    (b) a limited-service restaurant sublicense;
    (c) a bar establishment sublicense;
    (d) an on-premise banquet sublicense;
    (e) an on-premise beer retailer sublicense; and
    (f) a resort spa sublicense. See Utah Code 32B-8-102
  • Sublicense premises: means a building, enclosure, or room used pursuant to a sublicense in connection with the storage, sale, furnishing, or consumption of an alcoholic product, unless otherwise defined in this title or in the rules made by the commission. See Utah Code 32B-8-102
  • (a)  the current business license for each sublicense, if the business license is separate from the person’s business license;

    (b)  evidence:

    (i)  of proximity of the resort building to any community location, with proximity requirements being governed by Section 32B-1-202;

    (ii)  that each of the four or more sublicense 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;

    (c)  a description and boundary map of the resort building;

    (d)  a description, floor plan, and boundary map of each sublicense premises designating:

    (i)  any location at which the person proposes that an alcoholic product be stored; and

    (ii)  a designated location on the sublicense premises from which the person proposes that an alcoholic product be sold, furnished, or consumed;

    (e)  evidence that the resort license person carries dramshop insurance coverage equal to the sum of at least $1,000,000 per occurrence and $2,000,000 in the aggregate to cover both the general resort license and each sublicense; and

    (f)  a signed consent form stating that the person will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter the boundary of the resort building and each sublicense premises.
  • (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 Chapter 5, Part 2, Retail Licensing Process, 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)  $10,000 if four sublicenses are being applied for under the resort license; 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.

    Amended by Chapter 334, 2011 General Session

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