32B-8b-202.  Specific licensing requirements for hotel license.

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

Terms Used In Utah Code 32B-8b-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
  • Hotel: means one or more buildings that:
    (a) comprise a hotel, as defined by the commission;
    (b) are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;
    (c) primarily operate to provide lodging accommodations;
    (d) have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;
    (e) have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and
    (f) have at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-8b-102
  • Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. 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
  • 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 each building under the hotel license to any community location;

    (ii)  that each proposed sublicensed premises is entirely within the boundary of the hotel; and

    (iii)  that each building designated in the application as a building under the hotel license qualifies to be under the hotel license; and

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

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

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

    (3) 

    (a)  The nonrefundable application fee for a hotel license is $500.

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

    (i)  if three sublicenses are being applied for under the hotel license, $5,000; or

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

    (A)  $5,000; and

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

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

    (4) 

    (a)  The bond amount required for a hotel license is the penal sum of $10,000.

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

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

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

    Amended by Chapter 219, 2020 General Session