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Current as of May 05, 2022 | Updated by FindLaw Staff
(1)(a) An alcohol license is separate from other property of an alcohol licensee.
(b) Notwithstanding Subsection (1)(a), the Legislature may terminate or modify the existence of any type of alcohol license.
(c) Except as provided in this chapter, a person may not:
(i) transfer an alcohol license from one location to another location; or
(ii) sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the alcohol license to another person whether for monetary gain or not.
(d) If approved by the commission and subject to the requirements of this chapter, an alcohol licensee may transfer the alcohol license:
(i) from the alcohol licensee to another person, regardless of whether the alcohol license is for the same premises; and
(ii) from one premises of the alcohol licensee to another premises of the alcohol licensee.
(2)(a) The commission may not approve the transfer of an alcohol license that results in a transferee or buyer holding a different type of alcohol license than is held by the transferor or seller.
(b) Unless the alcohol license is a bar establishment license, the commission may not approve the transfer of an alcohol license from one location to another location, if the location of the premises to which the alcohol license would be transferred is in a different county than the location of the licensed premises of the alcohol license being transferred.
(3) The commission may not approve the transfer of an alcohol license if the transferee or buyer is not eligible to hold the same type of alcohol license as the alcohol license to be transferred at the premises to which the alcohol license would be transferred.
(4) The commission may not approve the transfer of an alcohol license unless the transferee or buyer attests, subject to the penalty for making a false material statement under Section 32B-4-504, that the transferee or buyer is in compliance with:
(a) federal tax laws;
(b) Title 35A, Chapter 4, Employment Security Act; and
(c) Title 59, Revenue and Taxation.
(5) The commission may not approve the transfer of an alcohol license unless the transferor or seller attests, subject to the penalty for making a false material statement under Section 32B-4-504, that the transferor or seller is not delinquent on any lease obligation related to the licensed premises for the alcohol license the transferor or seller is transferring.
Cite this article: FindLaw.com - Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-8a-201. Transferability of alcohol license - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-32b-alcoholic-beverage-control-act/ut-code-sect-32b-8a-201/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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