32A-4-102 (Repealed 07/01/11) - Application and renewal requirements.
32A-4-102 (Repealed 07/01/11). Application and renewal requirements.
(1) A person seeking a restaurant liquor license under this part shall file a writtenapplication with the department, in a form prescribed by the department. It shall be accompaniedby:
(a) a nonrefundable $250 application fee;
(b) an initial license fee of $1,750, which is refundable if a license is not granted;
(c) written consent of the local authority;
(d) a copy of the applicant's current business license;
(e) evidence of proximity to any community location, with proximity requirements beinggoverned by Section 32A-4-101;
(f) a bond as specified by Section 32A-4-105;
(g) a floor plan of the restaurant, including consumption areas and the area where theapplicant proposes to keep, store, and sell liquor;
(h) evidence that the restaurant is carrying public liability insurance in an amount andform satisfactory to the department;
(i) evidence that the restaurant is carrying dramshop insurance coverage of at least$1,000,000 per occurrence and $2,000,000 in the aggregate;
(j) a signed consent form stating that the restaurant will permit any authorizedrepresentative of the commission, department, or any law enforcement officer unrestricted rightto enter the restaurant;
(k) in the case of an applicant that is a partnership, corporation, or limited liabilitycompany, proper verification evidencing that the person or persons signing the restaurantapplication are authorized to so act on behalf of the partnership, corporation, or limited liabilitycompany; and
(l) any other information the commission or department may require.
(2) (a) A restaurant liquor license expires on October 31 of each year.
(b) A person desiring to renew the person's restaurant liquor license shall by no later thanSeptember 30 submit:
(i) a completed renewal application to the department; and
(ii) a renewal fee in the following amount:
Gross Cost of Liquor in Previous License Year for the Licensee Renewal Fee
under $5,000 $750
equals or exceeds $5,000 but less than $10,000 $900
equals or exceeds $10,000 but less than $25,000 $1,250
equals or exceeds $25,000 $1,500
(c) Failure to meet the renewal requirements shall result in an automatic forfeiture of thelicense effective on the date the existing license expires.
(d) A renewal application shall be in a form as prescribed by the department.
(3) To ensure compliance with Subsection 32A-4-106(25), the commission may suspendor revoke a restaurant liquor license if the restaurant liquor licensee does not immediately notifythe department of any change in:
(a) ownership of the restaurant;
(b) for a corporate owner, the:
(i) corporate officers or directors; or
(ii) shareholders holding at least 20% of the total issued and outstanding stock of the
corporation; or
(c) for a limited liability company:
(i) managers; or
(ii) members owning at least 20% of the limited liability company.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session