32A-11-102 (Repealed 07/01/11) - Application and renewal requirements.
32A-11-102 (Repealed 07/01/11). Application and renewal requirements.
(1) A person seeking a beer wholesaling license under this chapter shall 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 a license is not granted;
(c) written consent of the local authority;
(d) a copy of the applicant's current business license;
(e) a bond as specified in Section 32A-11-105;
(f) evidence that the applicant is carrying public liability insurance in an amount andform satisfactory to the department;
(g) a signed consent form stating that the licensee will permit any authorizedrepresentative of the commission, department, or any peace officer unrestricted right to enter thelicensed premises;
(h) a statement of the brands of beer the applicant is authorized to sell and distribute;
(i) a statement of all geographical areas in which the applicant is authorized to sell anddistribute beer;
(j) in the case of an applicant that is a partnership, corporation, or limited liabilitycompany, proper verification evidencing that the person or persons signing the beer wholesalinglicense application are authorized to so act on behalf of the partnership, corporation, or limitedliability company; and
(k) any other documents and evidence as the department may direct.
(2) (a) (i) All beer wholesaling licenses expire on December 31 of each year.
(ii) A person desiring to renew that person's beer wholesaling license shall submit by nolater than November 30 of the year the license expires:
(A) a completed renewal application to the department; and
(B) a renewal fee in the following amount:
Case Sales in Previous License Year for the Licensee Renewal Fee
under 500,000 cases $1,000
equals or exceeds 500,000 cases but less than 1,000,000 cases $2,000
equals or exceeds 1,000,000 cases $3,000.
(iii) Failure to meet the renewal requirements results in an automatic forfeiture of thelicense effective on the date the existing license expires.
(iv) Renewal applications shall be in a form prescribed by the department.
(b) The annual renewal fee prescribed in this Subsection (2) is independent of any likelicense fee which may be assessed by the local authority of the city or county in which thewholesaler's warehouse is located. Any local fees may not exceed $300. Payment of local feesshall be made directly to the local authority assessing the local fees.
(3) To ensure compliance with Subsection 32A-11-106(7), the commission may suspendor revoke a beer wholesaling license if a beer wholesaling licensee does not immediately notifythe 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 the
corporation; or
(c) for a limited liability company:
(i) managers; or
(ii) members owning at least 20% of the limited liability company.
Amended by Chapter 268, 2004 General Session
Repealed by Chapter 276, 2010 General Session