32A-4a-302 (Repealed 07/01/11) - Application and renewal requirements.
32A-4a-302 (Repealed 07/01/11). Application and renewal requirements.
(1) A person seeking a resort spa sublicense under this part may not file a writtenapplication with the department that is separate from the application of the resort license, unlessthe resort spa sublicense is being sought after the granting of a resort license.
(2) If a resort licensee seeks to add a resort spa sublicense after its resort license isgranted, the resort licensee shall in accordance with Subsection 32A-4a-204(3) 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 $2,000, which is refundable if the resort spa sublicense is notgranted;
(c) written consent of the local authority;
(d) a copy of:
(i) the resort licensee's current business license; and
(ii) a business license for the resort spa, if the business license is separate from the resortlicensee's business license;
(e) evidence that the resort spa sublicense premises are entirely within the boundary of aresort building;
(f) a floor or similar plan of the resort spa, including consumption areas and the areawhere the resort licensee proposes to keep, store, and sell liquor;
(g) evidence that the resort licensee carries public liability insurance in an amount andform satisfactory to the department;
(h) evidence that the resort licensee's dramshop insurance coverage required underSection 32A-4a-202 covers the resort spa sublicense;
(i) 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 resort spa sublicense premises;
(j) if an applicant is a partnership, corporation, or limited liability company, properverification evidencing that the person or persons signing the application are authorized to so acton behalf of the partnership, corporation, or limited liability company; and
(k) any other information the commission or department may require.
(3) (a) A resort spa sublicense expires on October 31 of each year.
(b) A resort licensee desiring to renew the resort licensee's resort spa sublicense shallrenew the resort spa sublicense as part of renewing the resort license.
(c) Failure to meet the renewal requirements for a resort license results in an automaticforfeiture of the resort spa sublicense effective on the date the resort license expires.
(d) A renewal application shall be in a form as prescribed by the department.
(4) To ensure compliance with Subsection 32A-4a-305(30), the commission maysuspend or revoke a resort spa sublicense if the resort licensee does not immediately notify thedepartment of a change described in Subsection 32A-4a-202(4).
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session