§ 32B-8a-201. Transferability of retail license. (Effective 7/1/2014)

(1)

(a) A retail license is separate from other property of a retail licensee.

(b) Notwithstanding Subsection (1)(a), the Legislature may terminate or modify the existence of any type of retail license.

(c) Except as provided in this chapter, a person may not:

(i) transfer a retail license from one location to another location; or

(ii) sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the retail license to another person whether for monetary gain or not.

(d) If approved by the commission and subject to the requirements of this chapter, a retail licensee may transfer a retail license:

(i) from the retail licensee to another person, regardless of whether it is for the same premises; and

(ii) from one premises of the retail licensee to another premises of the retail licensee.

(2)

(a) The commission may not approve the transfer of a retail license that results in a transferee holding a different type of retail license than is held by the transferor.

(b) The commission may not approve the transfer of a retail license from one location to another location, if the location of the premises to which the retail license would be transferred is in a different county than the location of the licensed premises of the retail license being transferred.

(3) The commission may not approve the transfer of a retail license if the transferee:

(a) is not eligible to hold the same type of retail license as the retail license to be transferred at the premises to which the retail license would be transferred; or

(b) is delinquent in the payment of any of the following that arises in full or in part out of the operation of a retail license:

(i) a tax, fee, or charge due under this title or Title 59, Revenue and Taxation; or

(ii) an amount due under Title 35A, Chapter 4, Employment Security Act.

(4) This chapter does not apply to a:

(a) master full-service restaurant license; or

(b) master limited-service restaurant license.

Amended by Chapter 349, 2013 General Session
Revisor instructions Chapter 349, 2013 General Session