UT Code § 32B-8a-302 (2021)
2021 Utah Code|Title 32B - Alcoholic Beverage Control Act|Chapter 8a - Transfer of Alcohol License Act|Part 3 - Process for Transferring a Retail License|Section 302 - Application -- Approval process.

 Effective 7/1/2021  32B-8a-302. Application -- Approval process.    (1) To obtain the transfer of an alcohol license from an alcohol licensee, the transferee or buyer shall file a transfer application with the department that includes:   (a) an application in the form provided by the department;     (b) a statement as to whether the consideration, if any, to be paid to the transferor or seller includes payment for transfer of the alcohol license; and     (c)   (i) an application fee of $300; and     (ii) a transfer fee determined in accordance with Section 32B-8a-303.         (2)   (a)   (i) Before the commission may approve the transfer of an alcohol license, the department shall conduct an investigation and may hold public hearings to gather information and make recommendations to the commission as to whether the transfer of the alcohol license should be approved.     (ii) The department shall forward the information and recommendations described in this Subsection (2)(a) to the commission to aid in the commission's determination.       (b) Before approving a transfer, the commission shall:   (i) determine that the transferee or buyer filed a complete application;     (ii) determine that the transferee or buyer is eligible to hold the type of alcohol license that is to be transferred at the premises to which the alcohol license would be transferred;     (iii) determine that the transferee or buyer has made the attestation described in Subsection 32B-8a-201(4);     (iv) determine that the transferee is not disqualified under Section 32B-1-304;     (v) consider the locality within which the proposed licensed premises is located, including:   (A) the factors listed in Section 32B-5-203 for the issuance of a retail license;     (B) the factors listed in Section 32B-7-404 for the issuance of an off-premise beer retailer state license;     (C) the factors listed in Section 32B-11-206 for the issuance of a manufacturing license; and     (D) the factors listed in Section 32B-10-204 for the issuance of a special use permit that is an industrial and manufacturing use permit;       (vi) consider the transferee or buyer's ability to manage and operate the retail license to be transferred, including:   (A) the factors listed in Section 32B-5-203 for the issuance of a retail license;     (B) the factors listed in Section 32B-7-404 for the issuance of an off-premise beer retailer state license;     (C) the factors listed in Section 32B-11-206 for the issuance of a manufacturing license; and     (D) the factors listed in Section 32B-10-204 for the issuance of a special use permit that is an industrial and manufacturing use permit;       (vii) consider the nature or type of alcohol licensee operation of the transferee or buyer, including:   (A) the factors listed in Section 32B-5-203 for the issuance of a retail license;     (B) the factors listed in Section 32B-7-404 for the issuance of an off-premise beer retailer state license;     (C) the factors listed in Section 32B-11-206 for the issuance of a manufacturing license; and     (D) the factors listed in Section 32B-10-204 for the issuance of a special use permit that is an industrial and manufacturing use permit; and       (viii) consider any other factor the commission considers necessary.         (3) Except as otherwise provided in Section 32B-1-202, the commission may not approve the transfer of an alcohol license to premises that do not meet the proximity requirements of Subsection 32B-1-202(2), Section 32B-7-201, or Section 32B-11-210, as applicable.    Amended by Chapter 84, 2021 General SessionAmended by Chapter 291, 2021 General SessionAmended by Chapter 345, 2021 General Session