32A-8-102 (Repealed 07/01/11) - Application and renewal requirements.
32A-8-102 (Repealed 07/01/11). Application and renewal requirements.
(1) Each person seeking an alcoholic beverage manufacturing license of any kind underthis chapter shall file a written application with the department, in a form prescribed by thedepartment. The application shall be accompanied by:
(a) a nonrefundable application fee of $250;
(b) an initial license fee of $3,250 unless otherwise provided in this chapter, which isrefundable if a license is not granted;
(c) a statement of the purpose for which the applicant has applied for the alcoholicbeverage manufacturing license;
(d) written consent of the local authority;
(e) a bond as specified by Section 32A-8-105;
(f) evidence that the applicant is carrying public liability insurance in an amount andform satisfactory to the department;
(g) evidence that the applicant is authorized by the United States to manufacturealcoholic beverages;
(h) a signed consent form stating that the licensee will permit any authorizedrepresentative of the commission, department, or any law enforcement officer to haveunrestricted right to enter the premises;
(i) in the case of an applicant that is a partnership, corporation, or limited liabilitycompany, proper verification evidencing that the person or persons signing the application areauthorized to so act on behalf of the partnership, corporation, or limited liability company; and
(j) any other documents and evidence the department may require by rule or policy toallow complete evaluation of the application.
(2) (a) All alcoholic beverage manufacturing licenses expire on December 31 of eachyear.
(b) Persons desiring to renew their license shall submit by no later than November 30 ofthe year the license expires:
(i) a completed renewal application to the department; and
(ii) a renewal fee in the following amount:
(A) $2,500, except for an alcoholic beverage manufacturing license described inSubsection (2)(b)(ii)(B); or
(B) $1,200 for a winery license if the winery licensee produced less than 20,000 gallonsof wine in the calendar year preceding the year in which the licensee seeks renewal.
(c) Failure to meet the renewal requirements results in an automatic forfeiture of thelicense effective on the date the existing license expires. Renewal applications shall be in a formprescribed by the department.
(3) To ensure compliance with Subsection 32A-8-106(6), the commission may suspendor revoke an alcoholic beverage manufacturing license if the manufacturing licensee does notimmediately notify 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 284, 2007 General Session