Notifying department of change in ownership -- Inventory transfers -- Interim alcoholic beverage management agreements.

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  • (1) The commission may suspend or revoke a retail license if the retail licensee does not notify the department, within 60 days after the day on which the change occurs, of a change in:
    • (a) ownership of the retail license;
    • (b) the entity that manages the retail licensee or a premises licensed under this chapter;
    • (c) for a corporate owner, the:
      • (i) corporate officers or directors of the retail licensee; or
      • (ii) shareholders holding at least 20% of the total issued and outstanding stock of the corporation; or
    • (d) for a limited liability company:
      • (i) managers of the limited liability company; or
      • (ii) members owning at least 20% of the limited liability company.
  • (2) Notwithstanding any other provision of this title, in connection with an event described in Section 32B-8a-202 or an asset sale of a retail licensee, the parties to the transaction may enter into an inventory transfer agreement.
  • (3) A retail licensee may enter into an interim alcoholic beverage management agreement that provides:
    • (a) all proceeds, less cost of goods sold, from the sale of alcohol shall accrue to the current retail licensee; and
    • (b) for the duration of the agreement, the current retail licensee:
      • (i) shall comply with the requirements of this title that are applicable to the retail license; and
      • (ii) in accordance with this title, is subject to disciplinary action by the commission for any violation of this title.
  • (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing the requirements of:
    • (a) an inventory transfer agreement; and
    • (b) an interim alcoholic beverage management agreement.




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