32B-5-201 (Effective 07/01/11) - Application requirements for retail license.
32B-5-201 (Effective 07/01/11). Application requirements for retail license.
(1) (a) Before a person may store, sell, offer for sale, furnish, or permit consumption ofan alcoholic product on licensed premises as a retail licensee, the person shall first obtain a retaillicense issued by the commission, notwithstanding whether the person holds a local license or apermit 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 part underChapter 6, Specific Retail License Act, for the type of retail license for which the person isapplying;
(c) an initial license fee:
(i) in the amount specified in the relevant part under Chapter 6, Specific Retail LicenseAct, 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;
(e) a copy of the person's current business license;
(f) evidence of proximity to any community location, with proximity requirements beinggoverned 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,including any:
(i) consumption area; and
(ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholicbeverage;
(i) evidence that the retail licensee is carrying public liability insurance in an amount andform satisfactory to the department;
(j) evidence that the retail licensee is carrying dramshop insurance coverage of at least$1,000,000 per occurrence and $2,000,000 in the aggregate;
(k) a signed consent form stating that the retail licensee will permit any authorizedrepresentative of the commission, department, or any law enforcement officer to haveunrestricted right to enter the premises of the retail licensee;
(l) if the person is an entity, proper verification evidencing that a person who signs theapplication is authorized to sign on behalf of the entity; and
(m) 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 part under Chapter 6, Specific RetailLicense Act, the commission may not issue a retail license to a person if the licensed premisesdoes not meet the proximity requirements of Section 32B-1-202.
Enacted by Chapter 276, 2010 General Session