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Section 309 - Ceasing operation.

UT Code § 32B-5-309 (2019) (N/A)
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(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.

(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 a closure or cessation of operation of a retail licensee for a period not to exceed 60 days. (b) The department may extend the initial period an additional 30 days upon: (i) written request of the retail licensee; and (ii) a showing of good cause.

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

(b) The department may extend the initial period an additional 30 days upon: (i) written request of the retail licensee; and (ii) a showing of good cause.

(i) written request of the retail licensee; and

(ii) a showing of good cause.

(4) A closure or cessation of operation may not exceed a total of 90 days 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.

(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) Failure of a retail licensee to provide notice and to obtain department approval before closure or cessation of operation results in an automatic forfeiture of: (a) the retail license; and (b) the unused portion of the retail license fee for the remainder of the retail license year effective immediately.

(a) the retail license; and

(b) the unused portion of the retail license fee for the remainder of the retail license year effective immediately.

(7) Failure of a retail licensee to reopen or resume operation by the approved date results in an automatic forfeiture of: (a) the retail license; and (b) the unused portion of the retail license fee for the remainder of the retail license year.

(a) the retail license; and

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

(8) This section does not apply to: (a) an on-premise beer retailer who is not a tavern; or (b) an airport lounge licensee.

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

(b) an airport lounge licensee.

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Section 309 - Ceasing operation.