32B-6-305.1 (Effective 07/01/11) - Credit for grandfathered bar structures for limited-service restaurant licensee.
32B-6-305.1 (Effective 07/01/11). Credit for grandfathered bar structures forlimited-service restaurant licensee.
(1) A limited-service restaurant licensee that has a grandfathered bar structure mayreceive a credit for purchases from a state store or package agency if:
(a) the limited-service restaurant licensee completes a remodel of the grandfathered barstructure by no later than December 31, 2011;
(b) the remodeling described in Subsection (1)(a) results in the limited-service restaurantlicensee engaging in an activity described in Subsection 32B-6-305(12) only in an area describedin Subsection 32B-6-305(12)(a)(iii);
(c) the limited-service restaurant licensee requests the credit by no later than April 1,2012;
(d) the department determines that the limited-service restaurant licensee has completeda remodel described in Subsections (1)(a) and (b); and
(e) the department authorizes the credit, including the amount of the credit underSubsection (2), on the basis that:
(i) the limited-service restaurant licensee complied with this section; and
(ii) the aggregate of credits authorized under this section and Section 32B-6-205.1 beforethe current authorization does not exceed the amount described in Subsection (5)(a).
(2) The amount of the credit described in this section is the lesser of:
(a) the actual costs of the remodel as evidenced by receipts, copies of which aresubmitted to the department as part of the request for the credit; or
(b) $30,000.
(3) For a limited-service restaurant licensee, a credit under this section:
(a) begins on the day on which the department authorizes the credit under Subsection (1);and
(b) ends the day on which the limited-service restaurant licensee uses all of the credit.
(4) The department shall by contract provide for how a package agency accounts for acredit purchase made at the package agency by a limited-service restaurant licensee under thissection.
(5) (a) Notwithstanding the other provisions of this section, the department may notauthorize a credit if the aggregate of credits authorized under this section and Section32B-6-205.1 before the department authorizes the credit exceeds:
(i) $1,000,000, for the aggregate of credits under this section and Section 32B-6-205.1, ifthe credit could be used on or before June 30, 2010; and
(ii) subject to Subsection (5)(a)(i), $1,090,000 for the aggregate of all credits that can beauthorized under this section and Section 32B-6-205.1.
(b) The department shall authorize credits in the order that the department receives arequest described in Subsection (1)(c) from a limited-service restaurant licensee requesting acredit under this section.
Enacted by Chapter 276, 2010 General Session