§ 32B-6-305.1. Credit for grandfathered bar structures for limited-service restaurant licensee.

(1) A limited-service restaurant licensee that has a grandfathered bar structure may receive a credit for purchases from a state store or package agency if:

(a) the limited-service restaurant licensee completes a remodel of the grandfathered bar structure by no later than December 31, 2011;

(b) the remodeling described in Subsection (1)(a) results in the limited-service restaurant licensee engaging in an activity described in Subsection 32B-6-305(12) only in an area described in Subsection 32B-6-305(12)(a)(iii);

(c) the limited-service restaurant licensee requests the credit by no later than April 1, 2012;

(d) the department determines that the limited-service restaurant licensee has completed a remodel described in Subsections (1)(a) and (b); and

(e) the department authorizes the credit, including the amount of the credit under Subsection (2), on the basis that:

(i) the limited-service restaurant licensee complied with this section; and

(ii) the aggregate of credits authorized under this section and Section 32B-6-205.1 before the current authorization does not exceed the amount described in Subsection (5)(a).

(2) The amount of the credit described in this section is the lesser of:

(a) the actual costs of the remodel as evidenced by receipts, copies of which are submitted to the department as part of the request for the credit; or

(b) $30,000.

(3) For a limited-service restaurant licensee, a credit under this section:

(a) begins on the day on which the department authorizes the credit under Subsection (1); and

(b) ends the day on which the limited-service restaurant licensee uses all of the credit.

(4) The department shall by contract provide for how a package agency accounts for a credit purchase made at the package agency by a limited-service restaurant licensee under this section.

(5)

(a) Notwithstanding the other provisions of this section, the department may not authorize a credit if the aggregate of credits authorized under this section and Section 32B-6-205.1 before the department authorizes the credit exceeds:

(i) $1,000,000, for the aggregate of credits under this section and Section 32B-6-205.1, if the credit could be used on or before June 30, 2010; and

(ii) subject to Subsection (5)(a)(i), $1,090,000 for the aggregate of all credits that can be authorized under this section and Section 32B-6-205.1.

(b) The department shall authorize credits in the order that the department receives a request described in Subsection (1)(c) from a limited-service restaurant licensee requesting a credit under this section.

Enacted by Chapter 276, 2010 General Session