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Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-5-309. Ceasing operation

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Except as provided in Subsection (8), a retail licensee may not close or cease operation for a period longer than 240 hours, unless:

(a) the retail licensee notifies the department in writing at least seven days before the day on which the retail licensee closes or ceases operation; and

(b) the closure or cessation of operation is first approved by the department.

(2) Notwithstanding Subsection (1), in the case of emergency closure, a retail licensee shall immediately notify the department by telephone.

(3)(a) The department may authorize an initial closure or cessation of operation of a retail licensee for a period not to exceed 60 days.

(b) Upon written request of the retail licensee and a showing of good cause, the department may extend the initial period described in Subsection (3)(a) for a period not to exceed the greater of:

(i) 30 days; or

(ii) the number of days until the day on which the commission holds the commission's next regularly scheduled meeting.

(4) A closure or cessation of operation may not exceed the time limits described in Subsection (3) without commission approval.

(5) A notice required under this section shall include:

(a) the dates of closure or cessation of operation;

(b) the reason for the closure or cessation of operation; and

(c) the date on which the retail licensee will reopen or resume operation.

(6) If a retail licensee fails to provide notice and to obtain department approval before closure or cessation of operation, the commission may:

(a) suspend, revoke, or deem forfeited the retail license; or

(b) deem the unused portion of the retail license fee for the remainder of the retail license year forfeited.

(7) If a retail licensee fails to reopen or resume operation by the date approved under Subsections (3) and (4), the commission may:

(a) suspend, revoke, or deem forfeited the retail license; or

(b) deem the unused portion of the retail license fee for the remainder of the retail license year forfeited.

(8) This section does not apply to:

(a) an on-premise beer retailer who is not a tavern;

(b) an airport lounge licensee; or

(c) a hospitality amenity licensee.

(9) For purposes of this section, the department may not base a determination that a retail licensee has ceased operation solely upon the retail licensee's lack of sales.

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Cite this article: FindLaw.com - Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-5-309. Ceasing operation - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-32b-alcoholic-beverage-control-act/ut-code-sect-32b-5-309/

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