32B-5-309 (Effective 07/01/11) - Ceasing operation -- Prohibiting transfer of license. - Utah Statutes

32B-5-309 (Effective 07/01/11). Ceasing operation -- Prohibiting transfer of license.
(1) (a) Except as provided in Subsection (1)(h), a retail licensee may not close or ceaseoperation for a period longer than 240 hours, unless:
(i) the retail licensee notifies the department in writing at least seven days before the dayon which the retail licensee closes or ceases operation; and
(ii) the closure or cessation of operation is first approved by the department.
(b) Notwithstanding Subsection (1)(a), in the case of emergency closure, a retail licenseeshall immediately notify the department by telephone.
(c) (i) The department may authorize a closure or cessation of operation of a retaillicensee for a period not to exceed 60 days.
(ii) The department may extend the initial period an additional 30 days upon:
(A) written request of the retail licensee; and
(B) a showing of good cause.
(d) A closure or cessation of operation may not exceed a total of 90 days withoutcommission approval.
(e) A notice required under this Subsection (1) shall include:
(i) the dates of closure or cessation of operation;
(ii) the reason for the closure or cessation of operation; and
(iii) the date on which the retail licensee will reopen or resume operation.
(f) Failure of a retail licensee to provide notice and to obtain department approval beforeclosure or cessation of operation results in an automatic forfeiture of:
(i) the retail license; and
(ii) the unused portion of the retail license fee for the remainder of the retail license yeareffective immediately.
(g) Failure of a retail licensee to reopen or resume operation by the approved date resultsin an automatic forfeiture of:
(i) the retail license; and
(ii) the unused portion of the retail license fee for the remainder of the retail license year.
(h) This Subsection (1) does not apply to:
(i) an on-premise beer retailer who is not a tavern; or
(ii) an airport lounge licensee.
(2) A retail licensee may not transfer a retail license from one location to anotherlocation, without prior written approval of the commission.
(3) (a) A person, having been issued a retail license may not sell, transfer, assign,exchange, barter, give, or attempt in any way to dispose of the retail license to another personwhether for monetary gain or not.
(b) A retail license has no monetary value for any type of disposition.

Enacted by Chapter 276, 2010 General Session