32A-4-303 (Repealed 07/01/11) - Application and renewal requirements.
32A-4-303 (Repealed 07/01/11). Application and renewal requirements.
(1) A person seeking a limited restaurant license under this part shall file a writtenapplication with the department, in a form prescribed by the department. The application shall beaccompanied by:
(a) a nonrefundable $250 application fee;
(b) an initial license fee of $500, which is refundable if a license is not granted;
(c) written consent of the local authority;
(d) a copy of the applicant's current business license;
(e) evidence of proximity to any community location, with proximity requirements beinggoverned by Section 32A-4-302;
(f) a bond as specified by Section 32A-4-306;
(g) a floor plan of the restaurant, including:
(i) consumption areas; and
(ii) the area where the applicant proposes to keep, store, and sell wine, heavy beer, andbeer;
(h) evidence that the restaurant is carrying public liability insurance in an amount andform satisfactory to the department;
(i) evidence that the restaurant is carrying dramshop insurance coverage of at least$1,000,000 per occurrence and $2,000,000 in the aggregate;
(j) a signed consent form stating that the restaurant will permit any authorizedrepresentative of the commission, department, or any law enforcement officer unrestricted rightto enter the restaurant;
(k) in the case of an applicant that is a partnership, corporation, or limited liabilitycompany, proper verification evidencing that the person or persons signing the restaurantapplication are authorized to so act on behalf of the partnership, corporation, or limited liabilitycompany; and
(l) any other information the commission or department may require.
(2) (a) A limited restaurant license expires on October 31 of each year.
(b) A person desiring to renew that person's limited restaurant license shall submit:
(i) a renewal fee of $300; and
(ii) a renewal application to the department no later than September 30.
(c) Failure to meet the renewal requirements shall result in an automatic forfeiture of thelicense effective on the date the existing license expires.
(d) A renewal application shall be in a form as prescribed by the department.
(3) To ensure compliance with Subsection 32A-4-307(25), the commission may suspendor revoke a limited restaurant license if the limited restaurant licensee does not immediatelynotify the department of any change in:
(a) ownership of the restaurant;
(b) for a corporate owner, the:
(i) corporate officer or directors; or
(ii) shareholders holding at least 20% of the total issued and outstanding stock of thecorporation; or
(c) for a limited liability company:
(i) managers; or
(ii) members owning at least 20% of the limited liability company.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session