Retail Licensing Process

Utah Code tit. 32B, ch. 32B-5, pt. 32B-5-P2

in effect

Utah Code § 32B-5-201 Application requirements for retail license.

32B-5-201. Application requirements for retail license. (1) (a) Before a person may store, sell, offer for sale, furnish, or permit consumption of an alcoholic product on licensed premises as a retail licensee, the person shall first obtain a retail license issued by the commission, notwithstanding whether the person holds a local license or a permit issued by a local authority. (b) Violation of this Subsection (1) is a class B misdemeanor. (2) To obtain a retail license under this title, a person shall submit to the department: (a) a written application in a form prescribed by the department; (b) a nonrefundable application fee in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying; (c) an initial license fee: (i) in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying; and (ii) that is refundable if a retail license is not issued; (d) written consent of the local authority, including, if applicable, consent for each proposed sublicense; (e) a copy of: (i) every license the local authority requires, including the person's current business license; and (ii) if the person is applying for a principal license, the current business license for each proposed sublicense, except if the local authority determines that the business license for a proposed sublicense is included in the person's current business license; (f) evidence of the proposed retail licensee's proximity to any community location, with proximity requirements being governed by Section 32B-1-202; (g) a bond as specified by Section 32B-5-204; (h) a floor plan, and boundary map where applicable, of the premises of the retail license and each, if any, accompanying sublicense, including any: (i) consumption area; and (ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic beverage; (i) evidence that the retail licensee carries public liability insurance in an amount and form satisfactory to the department; (j) evidence that the retail licensee carries dramshop insurance coverage of at least: (i) $1,000,000 per occurrence and $2,000,000 in the aggregate; (ii) if the retail licensee is a hotel licensee or a resort licensee, $1,000,000 per occurrence and $2,000,000 in the aggregate to cover both the principal license and all accompanying sublicenses; or (iii) if the retail licensee is an arena licensee, $10,000,000 per occurrence and $20,000,000 in the aggregate to cover both the arena license and all accompanying sublicenses; (k) a signed consent form stating that the retail licensee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter: (i) the premises of the retail licensee; and (ii) if applicable, the premises of each of the retail licensee's accompanying sublicenses; (l) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity; (m) a responsible alcohol service plan; (n) evidence that each individual the person has hired to work as a retail manager, as defined in Section 32B-1-701, has completed the alcohol training and education seminar as required under Chapter 1, Part 7, Alcohol Training and Education Act; and (o) any other information the commission or department may require. (3) The commission may not issue a retail license to a person who: (a) is disqualified under Section 32B-1-304; or (b) is not lawfully present in the United States. (4) Unless otherwise provided in the relevant chapter or part for the type of retail license for which the person is applying, the commission may not issue a retail license to a person if the proposed licensed premises does not meet the proximity requirements of Section 32B-1-202. (5) Subject to Subsection (6), the commission may not deny an application for a retail license, an application for a conditional retail license under Section 32B-5-205, or an application for a sublicense under Chapter 8d, Sublicense Act, if: (a) the applicant satisfies the requirements of this chapter and Chapter 6, Specific Retail License Act; and (b) for a retail license or a conditional retail license, granting the retail license or the conditional retail license would not cause the commission to exceed the maximum number of licenses of that retail license type that the commission is authorized to issue under this chapter. (6) (a) The commission may deny an application for a retail license, an application for a conditional retail license under Section 32B-5-205, or an application for a sublicense under Chapter 8d, Sublicense Act, if the commission determines: (i) that the applicant's violation history warrants the denial; or (ii) after considering a factor described in Subsections 32B-5-203(2)(c) through (f) or (3), a denial of the application is warranted. (b) The commission, when making a determination under this Subsection (6), shall: (i) treat applicants with substantially similar violation histories consistently; and (ii) consider the factors described in Subsections 32B-5-203(2)(c) through (f) or (3) consistently. Amended by Chapter 39, 2026 General Session

Utah Code § 32B-5-202 Renewal requirements.

32B-5-202. Renewal requirements. (1) A retail license expires each year on the day specified in the relevant chapter or part for that type of retail license. (2) (a) To renew a person's retail license, a retail licensee shall, on or before the day specified in the relevant chapter or part for the type of retail license that the person seeks to renew, submit: (i) a completed renewal application in a form prescribed by the department; (ii) a renewal fee in the amount specified in the relevant chapter or part for the type of retail license that the person seeks to renew; (iii) a responsible alcohol service plan if, since the retail licensee's most recent application or renewal, the retail licensee: (A) made substantial changes to the retail licensee's responsible alcohol service plan; or (B) violated a provision of this chapter; and (iv) a certification in a form prescribed by the department of the retail licensee's compliance with Section 32B-5-302. (b) The department may audit a retail licensee's responsible alcohol service plan. (3) Failure to meet the renewal requirements results in an automatic forfeiture of the retail license effective on the day on which the existing retail license expires. Amended by Chapter 400, 2023 General Session

Utah Code § 32B-5-203 Commission and department duties before issuing a retail license.

32B-5-203. Commission and department duties before issuing a retail license. (1) (a) Before the commission may issue a retail license, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether a retail license and, if applicable, each accompanying sublicense should be issued. (b) The department shall forward the information and recommendations described in Subsection (1)(a) to the commission to aid in the commission's determination. (2) Before issuing a retail license, the commission shall: (a) determine that the person filed a complete application and is in compliance with: (i) Section 32B-5-201; and (ii) the specific licensing requirements specified in the relevant chapter or part for the type of retail license for which the person is applying; (b) determine that the person and, if applicable, each of the person's accompanying sublicenses is not disqualified under Section 32B-1-304; (c) consider the locality within which the proposed licensed premises and, if applicable, each proposed sublicensed premises is located, including: (i) physical characteristics such as: (A) condition of the licensed or sublicensed premises; (B) square footage; and (C) parking availability; and (ii) operational factors such as: (A) tourist traffic; (B) demographics; (C) population to be served; (D) proximity to and density of other state stores, package agencies, and retail licensees; and (E) the extent of and proximity to any community location; (d) consider the person's ability to manage and operate a retail license, and if applicable the ability of each individual who will act in a supervisory or managerial capacity for each accompanying sublicense to supervise or manage a sublicense, of the type for which the person is applying, including: (i) management experience; (ii) past retail alcoholic product experience; and (iii) the type of management scheme to be used by the retail licensee or accompanying sublicensee; (e) consider the nature or type of retail licensee operation, and if applicable each proposed accompanying sublicensee's operation, of the proposed retail licensee, including: (i) the type of menu items that will be offered and emphasized; (ii) whether the retail licensee or the retail licensee's accompanying sublicensee will emphasize service to an adult clientele or to minors; (iii) the proposed hours of operation; (iv) the seating capacity of the premises; and (v) the estimated gross sales of food items; and (f) consider any other factor the commission considers necessary. (3) The commission shall determine whether an applicant under this section has an adequate kitchen or culinary facilities by considering: (a) the type of retail license or sublicense for which the person is applying; (b) the purpose of the proposed retail license or sublicense; and (c) the locality within which the proposed licensed or sublicensed premises is located. Amended by Chapter 219, 2020 General Session

Utah Code § 32B-5-204 Bond for retail license.

32B-5-204. Bond for retail license. (1) (a) A retail licensee shall post a cash bond or surety bond: (i) in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying; and (ii) payable to the department. (b) A retail licensee shall procure and maintain the bond required under this section for as long as the retail licensee continues to operate as a retail licensee. (2) A bond required under this section shall be: (a) in a form approved by the attorney general; and (b) conditioned upon the retail licensee's faithful compliance with this title and the rules of the commission. (3) (a) If a surety bond posted by a retail licensee under this section is canceled due to the retail licensee's negligence, the department may assess a $300 reinstatement fee. (b) No part of a bond posted by a retail licensee under this section may be withdrawn: (i) during the period the retail license is in effect; or (ii) while a revocation proceeding is pending against the retail licensee. (4) (a) A bond posted under this section by a retail licensee may be forfeited if the retail license is revoked. (b) Notwithstanding Subsection (4)(a), the department may make a claim against a bond posted by a retail licensee for money owed the department under this title without the commission first revoking the retail license. Amended by Chapter 219, 2020 General Session

Utah Code § 32B-5-205 Conditional retail license.

32B-5-205. Conditional retail license. (1) As used in this section: (a) "Conditional retail license" means a retail license that: (i) conditions the holder's ability to obtain a valid retail license on the person submitting to the department: (A) a copy of every license or permit the local authority requires for the valid retail license, including the holder's current business license; (B) a bond; (C) evidence that the person carries public liability insurance; (D) evidence that the person carries dramshop insurance; (E) evidence that each individual the conditional retail licensee has hired to work as a retail manager, as defined in Section 32B-1-701, has completed the alcohol training and education seminar as required under Chapter 1, Part 7, Alcohol Training and Education Act; or (F) any other information the department or commission may require for licensure; and (ii) provides that the holder will be issued a valid retail license if the holder complies with the requirements of Subsection (3). (b) "Valid retail license" means a retail license issued pursuant to this part under which the holder is permitted to sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the holder's licensed premises. (2) Subject to the requirements of this section, the commission may issue a conditional retail license to a person if the person: (a) meets each requirement to obtain the retail license for which the person is applying, except a requirement to submit to the department: (i) a copy of every license or permit the local authority requires for the retail license, including the person's current business license; (ii) a bond; (iii) evidence that the person carries public liability insurance; (iv) evidence that the person carries dramshop insurance coverage; (v) evidence that each individual the conditional retail licensee has hired to work as a retail manager, as defined in Section 32B-1-701, has completed the alcohol training and education seminar as required under Chapter 1, Part 7, Alcohol Training and Education Act; or (vi) a menu; and (b) agrees not to sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the conditional retail licensee's licensed premises before obtaining a valid retail license. (3) (a) A conditional retail license becomes a valid retail license on the day on which the department notifies the person who holds the conditional retail license that the department finds that the person has complied with Subsection (3)(b). (b) For a conditional retail license to become a valid retail license, a person who holds the conditional retail license shall: (i) submit to the department: (A) a copy of every license or permit the local authority requires for the retail license, including the person's current business license; (B) a bond as specified by Section 32B-5-204; (C) evidence that the conditional retail licensee carries public liability insurance in an amount and form satisfactory to the department; (D) evidence that the conditional retail licensee carries dramshop insurance coverage as specified in Section 32B-5-201; (E) evidence that each individual the conditional retail licensee has hired to work as a retail manager, as defined in Section 32B-1-701, has completed an alcohol training and education seminar as required under Chapter 1, Part 7, Alcohol Training and Education Act; and (F) any other information the department or commission may require; and (ii) provide to the department evidence satisfactory to the department that: (A) there has been no change in the information submitted to the commission as part of the person's application for a retail license; and (B) the person continues to qualify for the retail license. (4) (a) A conditional retail license expires 18 months after the day on which the commission issues the conditional retail license, unless the conditional retail license becomes a valid retail license before that day. (b) Notwithstanding Subsection (4)(a), the commission may extend the time period of a conditional retail license an additional six months if the holder of the conditional license can show to the satisfaction of the commission that the holder of the conditional license: (i) has an active building permit related to the licensed premises; and (ii) is engaged in a good faith effort to pursue completion within the six-month period. Amended by Chapter 447, 2022 General Session

Utah Code § 32B-5-206 Seasonal retail license.

32B-5-206. Seasonal retail license. (1) If authorized in the relevant part under Chapter 6, Specific Retail License Act, for the type of retail license, the commission may in accordance with this section issue a seasonal retail license located in an area the commission considers proper. (2) (a) A seasonal retail license shall be for a period of six consecutive months. (b) A seasonal retail license issued for operation during a summer time period is known as a "Seasonal A" retail license. The period of operation for a Seasonal A retail license: (i) begins on May 1; and (ii) ends on October 31. (c) A seasonal retail license issued for operation during a winter time period is known as a "Seasonal B" retail license. The period of operation for a Seasonal B retail license: (i) begins on November 1; and (ii) ends on April 30. (3) In determining the number of each type of retail license that the commission may issue under the relevant part under Chapter 6, Specific Retail License Act: (a) a seasonal retail license is counted as one-half of one retail license of the specific type of retail license; and (b) each Seasonal A retail license shall be paired with a Seasonal B retail license of the same type of retail license. Enacted by Chapter 276, 2010 General Session

Utah Code § 32B-5-207 Multiple retail licenses on same premises.

32B-5-207. Multiple retail licenses on same premises. (1) As used in this section, "license" means: (a) a retail license; or (b) a sublicense. (2) Except as provided in Subsection (3), the commission may not issue and one or more licensees may not hold more than one type of license for the same premises. (3) (a) The commission may issue and one or more licensees may hold more than one type of license for the same premises if: (i) the applicant or licensee satisfies the requirements for each license; (ii) the types of licenses issued or held are two or more of the following: (A) a restaurant license; (B) an on-premise beer retailer license that is not a tavern; (C) an on-premise banquet license or a reception center license; and (D) a hospitality amenity license; and (iii) the licenses do not operate at the same time on the same day. (b) The commission may issue and two or more restaurant licensees may share an area of each restaurant licensee's licensed premises designated for alcoholic beverage consumption, if: (i) the applicants or licensees satisfy the requirements for each license; and (ii) the only shared premises between the issued or held restaurant licenses is the area for alcoholic beverage consumption. (c) The commission may issue and two or more licensees may share a kitchen or culinary facilities located in or on one or more of the licensees' licensed premises, if: (i) the types of licenses issued or held are two or more sublicenses of a principal licensee: (A) one of which is an on-premise banquet sublicense; and (B) one of which is a restaurant license that is a sublicense, an on-premise beer retailer sublicense that is not a tavern, or a bar sublicense; or (ii) (A) the same person applies for or holds each license; (B) the licensed premises are each owned or leased by the same person and located in the same building; and (C) the only shared premises between the issued or held licenses is the kitchen or culinary facilities area, including any pathway necessary to transport an item to and from the area. (4) When one or more licensees hold more than one type of license for the same premises under Subsection (3)(a), the one or more licensees shall post in a conspicuous location at the entrance of the room a sign that: (a) measures 8-1/2 inches by 11 inches; and (b) states whether the premises is currently operating as: (i) a restaurant; (ii) an on-premise beer retailer that is not a tavern; (iii) a banquet or a reception center; or (iv) a hospitality amenity. (5) When two or more restaurant licensees share an area of each restaurant licensee's licensed premises designated for alcoholic beverage consumption in accordance with Subsection (3)(b), each licensee shall: (a) maintain control over the licensee's patrons; and (b) use a visual marker to clearly identify which licensee served each patron. (6) (a) For purposes of Subsection (3)(a), the commission may not issue and one or more licensees may not hold a bar license or a tavern license in the same room as a restaurant license. (b) For purposes of Subsection (6)(a), two licenses are not considered in the same room if: (i) each shared permanent wall between the premises licensed as a bar or a tavern and the premises licensed as a restaurant measures at least eight feet high; (ii) the premises for each license has a separate entryway that does not require a patron to pass through the premises licensed as a bar or a tavern to access the premises licensed as a restaurant; and (iii) if a patron must pass through the premises licensed as a restaurant to access the entryway to the premises licensed as a bar or a tavern, a patron on the premises licensed as a restaurant cannot see a dispensing structure on the premises licensed as a bar or a tavern. (7) (a) The commission may issue more than one type of sublicense to a resort licensed under Chapter 8, Resort License Act, or a hotel licensed under Chapter 8b, Hotel License Act, for the same room if the sublicensed premises are clearly delineated by one or more permanent physical structures, such as a wall or other architectural feature, that separate the sublicensed premises. (b) A patron may not transport an alcoholic beverage between two sublicensed premises located in the same room in accordance with Subsection (7)(a). (c) Notwithstanding any provision to the contrary, a minor may momentarily pass through a sublicensed premises that is a bar to reach another location where a minor may lawfully be, if there is no practical alternative route to the location. Amended by Chapter 219, 2020 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title32B/Chapter5/32B-5-P2.html?v=C32B-5-P2_1800010118000101Fetched: 10/26/2026