32A-4-402 (Repealed 07/01/11) - Application and renewal requirements.
32A-4-402 (Repealed 07/01/11). Application and renewal requirements.
(1) (a) A person seeking an on-premise banquet license under this part shall file a writtenapplication with the department, in a form prescribed by the department. The application shall beaccompanied by:
(i) a nonrefundable $250 application fee;
(ii) an initial license fee of $500, which is refundable if a license is not granted;
(iii) written consent of the local authority;
(iv) a copy of the applicant's current business license;
(v) evidence of proximity to any community location, with proximity requirements beinggoverned by Section 32A-4-401;
(vi) a bond as specified by Section 32A-4-405;
(vii) a description or floor plan and boundary map of the premises, where appropriate, ofthe on-premise banquet license applicant's location, designating:
(A) the location at which the on-premise banquet license applicant proposes thatalcoholic beverages be stored; and
(B) the designated locations on the premises of the applicant from which the on-premisebanquet license applicant proposes that alcoholic beverages be sold or served, and consumed;
(viii) evidence that the on-premise banquet license applicant is carrying public liabilityinsurance in an amount and form satisfactory to the department;
(ix) evidence that the on-premise banquet license applicant is carrying dramshopinsurance coverage of at least $1,000,000 per occurrence and $2,000,000 in the aggregate;
(x) a signed consent form stating that the on-premise banquet license applicant willpermit any authorized representative of the commission, department, or any law enforcementofficer unrestricted right to enter the on-premise banquet premises;
(xi) in the case of an applicant that is a partnership, corporation, or limited liabilitycompany, proper verification evidencing that the person or persons signing the on-premisebanquet license application are authorized to so act on behalf of the partnership, corporation, orlimited liability company; and
(xii) any other information the commission or department may require.
(b) An applicant need not meet the requirements of Subsections (1)(a)(i), (ii), (iii), (iv),and (vi) if the applicant is:
(i) a state agency; or
(ii) a political subdivision of the state including:
(A) a county; or
(B) a municipality.
(2) Additional locations in or on the premises of an on-premise banquet licenseapplicant's business from which the on-premise banquet license applicant may propose thatalcoholic beverages may be stored, sold or served, or consumed, not included in the applicant'soriginal application may be approved by the department upon proper application, in accordancewith guidelines approved by the commission.
(3) (a) An on-premise banquet license expires on October 31 of each year.
(b) (i) Except as provided in Subsection (3)(b)(ii), a person desiring to renew thatperson's on-premise banquet license shall submit a renewal fee of $500 and a completed renewalapplication to the department no later than September 30.
(ii) A licensee is not required to submit the renewal fee if the licensee is:
(A) a state agency; or
(B) a political subdivision of the state including:
(I) a county; or
(II) a municipality.
(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.
(4) To ensure compliance with Subsection 32A-4-406(24), the commission may suspendor revoke an on-premise banquet license if the on-premise banquet licensee fails to immediatelynotify the department of any change in:
(a) ownership of the licensee;
(b) for a corporate owner, the:
(i) corporate officers 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