32B-18-302. Operational requirements for change of location.
(1)
(a) Except as permitted under Subsections (1)(b) and (c), operations of an alcohol licensee shall begin within 30 days after the day on which the commission approves a change of location for the alcohol license.
(b) The department may grant an extension to the 30 days described in Subsection (1)(a), not to exceed the greater of:
(i) 30 days; or
(ii) the number of days until the next regularly scheduled commission meeting.
(c) After the department authorizes an extension described in Subsection (1)(b), the commission may grant one or more additional extensions, if:
(i) the alcohol licensee demonstrates to the commission that the alcohol licensee cannot begin operations because the alcohol licensee:
(A) is improving the licensed premises;
(B) has obtained a building permit for the improvements described in Subsection (1)(c)(i)(A), if the respective local authority requires a building permit for the improvements; and
(C) is working expeditiously to complete the improvements to the licensed premises; or
(ii) the commission determines that circumstances beyond the control of the alcohol licensee negate the licensee's ability to begin operations in a timely manner.
(2) An alcohol licensee is considered to have begun operations of the alcohol license if the alcohol licensee:
(a) has a licensed premises that is open for business;
(b)
(i) sells, offers for sale, or furnishes an alcoholic product to a patron on the licensed premises described in Subsection (1)(a);
(ii) manufactures an alcoholic product on the licensed premises described in Subsection (2)(a);
(iii) engages in an industrial or manufacturing pursuit containing alcohol on the licensed premises described in Subsection (2)(a); or
(iv) warehouses liquor on the licensed premises described in Subsection (2)(a); and
(c) has a valid business license.
(3) If an alcohol licensee fails to begin operations of the alcohol license within the time period required under Subsection (1), the following are automatically forfeited effective immediately:
(a) the alcohol license; and
(b) the change of location fee.
Enacted by Chapter 447, 2022 General Session
