LegalFix

Section 310 - Notifying department of change in ownership -- Inventory transfers -- Interim alcoholic beverage management agreements.

UT Code § 32B-5-310 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) The commission may suspend or revoke a retail license if the retail licensee does not immediately notify the department 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.

(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

(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.

(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.

(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.

(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.

(a) an inventory transfer agreement; and

(b) an interim alcoholic beverage management agreement.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 310 - Notifying department of change in ownership -- Inventory transfers -- Interim alcoholic beverage management agreements.