Section 201 – Application requirements for retail license.

• (1)
  • (a) Before a person may store, sell, offer for sale, furnish, or permit consumption of an alcoholic product on licensed premises as a retail licensee, the person shall first obtain a retail license issued by the commission, notwithstanding whether the person holds a local license or a permit issued by a local authority.
  • (b) Violation of this Subsection (1) is a class B misdemeanor.

• (2) To obtain a retail license under this title, a person shall submit to the department:
  • (a) a written application in a form prescribed by the department;
  • (b) a nonrefundable application fee in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying;
  • (c) an initial license fee:
    • (i) in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying; and
    • (ii) that is refundable if a retail license is not issued;
  • (d) written consent of the local authority, including, if applicable, consent for each proposed sublicense;
  • (e) a copy of:
    • (i) every license the local authority requires, including the person’s current business license; and
    • (ii) if the person is applying for a principal license, the current business license for each proposed sublicense, except if the local authority determines that the business license for a proposed sublicense is included in the person’s current business license;
  • (f) evidence of the proposed retail licensee’s proximity to any community location, with proximity requirements being governed by Section 32B-1-202;
  • (g) a bond as specified by Section 32B-5-204;
  • (h) a floor plan, and boundary map where applicable, of the premises of the retail license and each, if any, accompanying sublicense, including any:
    • (i) consumption area; and
    • (ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic beverage;
  • (i) evidence that the retail licensee carries public liability insurance in an amount and form satisfactory to the department;
  • (j) evidence that the retail licensee carries dramshop insurance coverage of at least:
    • (i) $1,000,000 per occurrence and $2,000,000 in the aggregate;
    • (ii) if the retail licensee is a hotel licensee or a resort licensee, $1,000,000 per occurrence and $2,000,000 in the aggregate to cover both the principal license and all accompanying sublicenses; or
    • (iii) if the retail licensee is an arena licensee, $10,000,000 per occurrence and $20,000,000 in the aggregate to cover both the arena license and all accompanying sublicenses.
  • (k) a signed consent form stating that the retail licensee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter:
    • (i) the premises of the retail licensee; and
    • (ii) if applicable, the premises of each of the retail licensee’s accompanying sublicenses;
  • (l) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity;
  • (m) a responsible alcohol service plan;
  • (n) evidence that each individual the person has hired to work as a retail manager, as defined in Section 32B-1-701, has completed the alcohol training and education seminar as required under Chapter 1, Part 7, Alcohol Training and Education Act; and
  • (o) any other information the commission or department may require.

• (3) The commission may not issue a retail license to a person who:
  • (a) is disqualified under Section 32B-1-304; or
  • (b) is not lawfully present in the United States.

• (4) Unless otherwise provided in the relevant chapter or part for the type of retail license for which the person is applying, the commission may not issue a retail license to a person if the proposed licensed premises does not meet the proximity requirements of Section 32B-1-202.

Amended by Chapter 447, 2022 General Session