Utah Admin. Code R82-13-102 - Transfer of a Wholesale License, Conditions of Transfer, Change of Trade Name
(1)
(a) The authority for this rule is implied in
Title 32B, Chapter 13, Beer Wholesaling License Act and explicit in section
32B-2-202, which authorizes the
Commission to make rules governing criteria and procedures for
licensure.
(b) The purpose of this
rule is to clarify the process by which a person applies for a beer wholesaler
license.
(2)
(a) The holder of one or more wholesaler
licenses may assign and transfer the license to any qualified person in
accordance with the provisions of these rules.
(b) Notwithstanding Subsection (2)(a), no
assignment and transfer may result in both a change of license and change of
location.
(3) The holder
of the wholesaler license shall first execute a proposed assignment and
transfer of the license. The assignee or transferee shall apply to the
Commission for approval of the assignment and transfer, and shall furnish any
information the Commission may require.
(4) The assignment and transfer shall not be
of any force and effect until the Commission has approved it.
(5) The assignee or transferee shall not take
possession of the premises, or exercise any of the rights of a license until
the Commission has approved the assignment and transfer.
(6) No assignment and transfer shall be made
within 30 days after the holder of a wholesaler license has been granted a
change of location.
(7) No change
of location shall be granted within 90 days after assignment and transfer of a
wholesaler license.
(8) In
approving any assignment and transfer of a wholesaler license, the Commission
may impose special conditions relating to any future connection of the former
licensee or any of his or her employees with the business of the assignee or
transferee.
(a) Before the imposition of any
special conditions, the Commission shall hold a hearing to allow the former
licensee or any of his or her employees to attend and provide information to
the Commission.
(b) The Commission
shall provide written notice to all parties involved at least 10 days before
the hearing.
(9) No
wholesaler license may be assigned to any person who does not qualify for the
license under sections
32B-1-304 and
32B-13-202 through 206.
(10)
(a) A
change of trade name may coincide with the transfer of the wholesaler license,
with the Commission's approval.
(b)
Any licensed wholesaler may adopt a trade name or change the trade name by
applying to the Commission on forms provided by the Department and upon
receiving the Commission's approval.
Notes
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