32A-4a-204 (Repealed 07/01/11) - Commission and department duties before granting resort license.
32A-4a-204 (Repealed 07/01/11). Commission and department duties beforegranting resort license.
(1) (a) Before the commission may grant a resort license, the department shall conduct aninvestigation, and may hold public hearings for the purpose of gathering information and makingrecommendations to the commission as to whether or not a resort license, including eachsublicense, should be granted.
(b) The department shall forward the information and recommendations described inSubsection (1)(a) to the commission to aid in the commission's determination.
(2) Before granting a resort license, the commission shall:
(a) determine that the applicant complies with all basic qualifications and requirementsfor making an application for a resort license as provided by Sections 32A-4a-202 and32A-4a-203;
(b) determine that the application is complete;
(c) consider, where appropriate, a location that the resort license applicant proposes todesignate for use under the resort license or a sublicense, including:
(i) the physical characteristics of the location such as:
(A) the condition of the location;
(B) square footage; and
(C) parking availability; and
(ii) operational factors such as:
(A) tourist traffic;
(B) demographics; and
(C) population to be served;
(d) consider the resort license applicant's ability to manage and operate a resort licenseand the ability of any individual who will act in a supervisory or managerial capacity for asublicense, including:
(i) past management experience;
(ii) past alcohol license experience; and
(iii) the type of management scheme to be employed by the resort license applicant;
(e) consider the nature or type of:
(i) the resort license applicant's business operation; and
(ii) the business operation of each sublicense;
(f) subject to Subsection (3), determine that each sublicense meets the requirementsimposed under the provisions applicable to each sublicense; and
(g) consider any other factor or circumstance the commission considers necessary.
(3) (a) Subject to Subsection (3)(b), notwithstanding the requirements to obtain a licenseunder the provisions applicable to a sublicense, a sublicense of a resort license is not subject to:
(i) a requirement to submit an application or renewal application that is separate from theresort license application;
(ii) a requirement to carry public liability insurance or dramshop insurance coverage thatis separate from that carried by the resort licensee; or
(iii) post a bond that is separate from the bond posted by the resort licensee.
(b) If a resort licensee seeks to add a sublicense after its resort license is granted, theresort licensee shall file with the department:
(i) a nonrefundable $250 application fee;
(ii) an initial license fee of $2,000, which is refundable if the sublicense is not granted;
(iii) written consent of the local authority;
(iv) a copy of:
(A) the resort licensee's current business license; and
(B) the current business license for the sublicense, if the business licensee is separatefrom the resort licensee's business license;
(v) evidence that the sublicense premises is entirely within the boundary of the resortbuilding;
(vi) a description, floor plan, and boundary map of the sublicense premises designating:
(A) a location at which the resort license applicant proposes that an alcoholic beveragebe stored; and
(B) a designated location on the sublicense premises from which the resort licenseapplicant proposes that an alcoholic beverage be sold, dispensed, served, and consumed;
(vii) evidence that the resort license applicant carries public liability insurance in anamount and form satisfactory to the department;
(viii) evidence that the resort license applicant carries dramshop insurance coverage inthe amount required by Section 32A-4a-202 that covers the sublicense to be added;
(ix) a signed consent form stating that the resort licensee will permit any authorizedrepresentative of the commission, department, or any law enforcement officer unrestricted rightto enter the sublicense premises;
(x) if the resort licensee is a partnership, corporation, or limited liability company, properverification evidencing that the one or more persons signing the sublicense application areauthorized to so act on behalf of the partnership, corporation, or limited liability company; and
(xi) any other information the commission or department may require.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session