32A-5-102 (Repealed 07/01/11) - Application and renewal requirements.
32A-5-102 (Repealed 07/01/11). Application and renewal requirements.
(1) A person seeking a club license under this chapter shall file a written application withthe department in a form prescribed by the department. The application shall be accompaniedby:
(a) a nonrefundable $250 application fee;
(b) an initial license fee of $2,500, which is refundable if a club 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-5-101;
(f) evidence that the applicant operates a club where a variety of food is prepared andserved in connection with dining accommodations;
(g) a bond as specified by Section 32A-5-106;
(h) a floor plan of the club license premises, including:
(i) consumption areas; and
(ii) the area where the applicant proposes to keep and store liquor;
(i) evidence that the club is carrying public liability insurance in an amount and formsatisfactory to the department;
(j) evidence that the club is carrying dramshop insurance coverage of at least $1,000,000per occurrence and $2,000,000 in the aggregate;
(k) if the applicant is applying for an equity club license or fraternal club license, a copyof the club's bylaws or house rules, and any amendments to those documents;
(l) a signed consent form stating that the club licensee and its management will permitany authorized representative of the commission, department, or any law enforcement officerunrestricted right to enter the club license premises;
(m) (i) a statement as to whether the applicant is seeking to qualify as:
(A) an equity club licensee;
(B) a fraternal club licensee;
(C) a dining club licensee; or
(D) a social club licensee; and
(ii) evidence that the applicant meets the requirements for the type of club licensedescribed in Subsection (1)(m)(i) for which the applicant is applying;
(n) in the case of a partnership, corporation, or limited liability company applicant,proper verification evidencing that the person or persons signing the club license application areauthorized to so act on behalf of the partnership, corporation, or limited liability company; and
(o) any other information the commission or department may require.
(2) (a) The commission may refuse to issue a club license to an applicant for an equityclub licensee or fraternal club licensee if the commission determines that any provisions of theapplicant's bylaws or house rules, or amendments to those documents are not:
(i) reasonable; and
(ii) consistent with:
(A) the declared nature and purpose of the applicant; and
(B) the purposes of this chapter.
(b) An equity club licensee's or fraternal club licensee's bylaws or house rules shallinclude provisions respecting the following:
(i) standards of eligibility for members;
(ii) limitation of members, consistent with the nature and purpose of the club;
(iii) the period for which dues are paid, and the date upon which the period expires;
(iv) provisions for removing a member from the club membership for the nonpayment ofdues or other cause; and
(v) provisions for guests.
(c) An equity club licensee or fraternal club licensee shall keep its bylaws or house rules,and any amendments to those documents, on file with the department at all times.
(3) (a) A club license expires on June 30 of each year.
(b) A person desiring to renew that person's club license shall submit by no later thanMay 31:
(i) a completed renewal application to the department; and
(ii) a renewal fee of $1,600.
(c) Failure to meet the renewal requirements results in an automatic forfeiture of the clublicense effective on the date the existing club license expires.
(d) A renewal application shall be in a form as prescribed by the department.
(4) To ensure compliance with Subsection 32A-5-107 (26), the commission may suspendor revoke a club license if the club licensee does not immediately notify the department of anychange in:
(a) ownership of the club 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
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session