32B-8-201 (Effective 07/01/11) - Commission's power to issue a resort license.
32B-8-201 (Effective 07/01/11). Commission's power to issue a resort license.
(1) Before a person as a resort may store, sell, offer for sale, furnish, or allow theconsumption of an alcoholic product on sublicense premises, the person shall first obtain a resortlicense from the commission in accordance with this part.
(2) (a) The commission may issue to a person a resort license to allow the storage, sale,offer for sale, furnishing, and consumption of an alcoholic product in connection with a resortdesignated in the resort license if the person operates at least four sublicenses under the resortlicense.
(b) A resort license shall:
(i) consist of:
(A) a general resort license; and
(B) the four or more sublicenses; and
(ii) designate the boundary of the resort building.
(c) This chapter does not prohibit an alcoholic product on the boundary of the resortbuilding to the extent otherwise permitted by this title.
(d) The commission may not issue a sublicense that is separate from a resort license.
(3) (a) The commission may not issue a total number of resort licenses that at any timetotals more than four.
(b) Subject to Subsection (3)(c), when determining the total number of licenses thecommission has issued for each type of retail license, the commission may not include asublicense as one of the retail licenses issued under the provisions applicable to the sublicense.
(c) If a resort license issued under this chapter includes a sublicense that before theissuance of the resort license was a retail licensee under this chapter, the commission shallinclude the sublicense as one of the retail licenses issued under the provisions applicable to thesublicense in determining if the total number of licenses issued under the provisions applicable tothe sublicense exceeds the number calculated by dividing the population of the state by thenumber specified in the provisions applicable to the sublicense.
Enacted by Chapter 276, 2010 General Session