Section 302 – Operational requirements for change of location.

• (1)
  • (a) Except as permitted under Subsections (1)(b) and (c), operations of an alcohol licensee shall begin within 30 days after the day on which the commission approves a change of location for the alcohol license.
  • (b) The department may grant an extension to the 30 days described in Subsection (1)(a), not to exceed the greater of:
    • (i) 30 days; or
    • (ii) the number of days until the next regularly scheduled commission meeting.
  • (c) After the department authorizes an extension described in Subsection (1)(b), the commission may grant one or more additional extensions, if:
    • (i) the alcohol licensee demonstrates to the commission that the alcohol licensee cannot begin operations because the alcohol licensee:
      • (A) is improving the licensed premises;
      • (B) has obtained a building permit for the improvements described in Subsection (1)(c)(i)(A), if the respective local authority requires a building permit for the improvements; and
      • (C) is working expeditiously to complete the improvements to the licensed premises; or
    • (ii) the commission determines that circumstances beyond the control of the alcohol licensee negate the licensee’s ability to begin operations in a timely manner.

• (2) An alcohol licensee is considered to have begun operations of the alcohol license if the alcohol licensee:
  • (a) has a licensed premises that is open for business;
  • (b)
    • (i) sells, offers for sale, or furnishes an alcoholic product to a patron on the licensed premises described in Subsection (1)(a);
    • (ii) manufactures an alcoholic product on the licensed premises described in Subsection (2)(a);
    • (iii) engages in an industrial or manufacturing pursuit containing alcohol on the licensed premises described in Subsection (2)(a); or
    • (iv) warehouses liquor on the licensed premises described in Subsection (2)(a); and
  • (c) has a valid business license.

• (3) If an alcohol licensee fails to begin operations of the alcohol license within the time period required under Subsection (1), the following are automatically forfeited effective immediately:
  • (a) the alcohol license; and
  • (b) the change of location fee.

Enacted by Chapter 447, 2022 General Session