32A-4a-202 (Repealed 07/01/11) - Application and renewal requirements.
32A-4a-202 (Repealed 07/01/11). Application and renewal requirements.
(1) A person seeking a resort license under this chapter shall file a written applicationwith 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, which is refundable if a resort license is not granted, calculatedas follows:
(i) $10,000 if four sublicenses are being applied for under the resort license; or
(ii) if more than four sublicenses are being applied for under the resort license, the sumof:
(A) $10,000; and
(B) $2,000 for each sublicense in excess of four sublicenses for which the applicant isapplying;
(c) written consent of the local authority;
(d) a copy of:
(i) the applicant's current business license; and
(ii) the current business license for each sublicense, if the business license is separatefrom the applicant's business license;
(e) evidence:
(i) of proximity of the resort building to any community location, with proximityrequirements being governed by Section 32A-4a-201;
(ii) that each of the four or more sublicense premises is entirely within the boundaries ofthe resort building; and
(iii) that the building designated in the application as the resort building qualifies as aresort building as defined in Section 32A-4a-102;
(f) a bond as specified by Section 32A-4a-205;
(g) a description and boundary map of the resort building;
(h) a description, floor plan, and boundary map of each sublicense premises designating:
(i) any location at which the resort license applicant proposes that an alcoholic beveragebe stored; and
(ii) a designated location on the sublicense premises from which the resort licenseapplicant proposes that an alcoholic beverage be sold or served and consumed;
(i) evidence that the resort license applicant carries public liability insurance in anamount and form satisfactory to the department;
(j) evidence that the resort license applicant carries dramshop insurance coverage equalto the sum of at least $1,000,000 per occurrence and $2,000,000 in the aggregate to cover boththe general resort license and each sublicense;
(k) a signed consent form stating that the resort license applicant will permit anyauthorized representative of the commission, department, or any law enforcement officerunrestricted right to enter the boundary of the resort building and each sublicense premises;
(l) if an applicant is a partnership, corporation, or limited liability company, properverification evidencing that the one or more persons signing the resort license application areauthorized to so act on behalf of the partnership, corporation, or limited liability company; and
(m) any other information the commission or department may require.
(2) An additional location in a sublicense premises of a resort license applicant's business
from which the resort license applicant may propose that an alcoholic beverage may be stored,sold or served, or consumed, not included in the applicant's original application, may beapproved by the department upon proper application.
(3) (a) A resort license expires on October 31 of each year.
(b) A resort licensee who wants to renew a resort license shall submit to the departmentby no later than September 30:
(i) a renewal fee of $1,000 for each sublicense under the resort license; and
(ii) a completed renewal application.
(c) A resort licensee's failure to meet a renewal requirement results in an automaticforfeiture of the resort license and each sublicense effective on the date the existing licenseexpires.
(d) A renewal application shall be in a form as prescribed by the department.
(4) To ensure compliance with Subsection 32A-4a-401(14), the commission maysuspend or revoke a resort license if the resort licensee fails to immediately notify the departmentof a change in:
(a) ownership of the resort licensee;
(b) for a corporate owner of a resort licensee, 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 owner or a resort licensee:
(i) managers; or
(ii) members owning at least 20% of the limited liability company.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session