Operational requirements for transferee or buyer.

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  • (1)
    • (a) A transferee or buyer shall begin operations of the alcohol license within 30 days after the day on which a transfer is approved by the commission, except that:
      • (i) the department may grant an extension of this time period not to exceed 30 days; and
      • (ii) after the extension is authorized by the department under Subsection (1)(a)(i), the commission may grant one or more additional extensions not to exceed, in the aggregate, seven months from the day on which the commission approves the transfer, if the transferee or buyer can demonstrate to the commission that the transferee or buyer:
        • (A) cannot begin operations because the transferee or buyer is improving the licensed premises;
        • (B) has obtained a building permit for the improvements described in Subsection (1)(a)(ii)(A), if the respective local government entity requires a building permit for the improvements; and
        • (C) is working expeditiously to complete the improvements to the licensed premises.
    • (b) A transferee or buyer is considered to have begun operations of the alcohol license if the transferee or buyer:
      • (i) has a licensed premises that is open for business;
      • (ii)
        • (A) sells, offers for sale, or furnishes alcoholic products to a patron on the licensed premises described in Subsection (1)(b)(i);
        • (B) manufactures an alcoholic product on the licensed premises described in Subsection (1)(b)(i); or
        • (C) engages in an industrial or manufacturing pursuit containing alcohol on the licensed premises described in Subsection (1)(b)(i); and
      • (iii) has a valid business license.
  • (2) If a transferee or buyer fails to begin operations of the alcohol license within the time period required by Subsection (1), the following are automatically forfeited effective immediately:
    • (a) the alcohol license; and
    • (b) the alcohol license fee.
  • (3) A transferee or buyer shall begin operations of the alcohol license at the location to which the transfer applies before the transferee or buyer may seek a transfer of the alcohol license to a different location.
  • (4) Notwithstanding Subsection (1), the commission may not issue a conditional license unless the requirements of Section 32B-5-205 are met, except that the time periods required by this section supersede the time period provided in Section 32B-5-205.




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