UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 1625 South 900 West • PO Box 30408 • Salt Lake City, UT 84130-0408 • (801) 977-6800 • FAX (801) 977-6888 www.abc.utah.gov BEER WHOLESALER LICENSE APPLICATION CHECKLIST Dear Applicant: The items below must be completed and submitted by the 10th of the month before any action can be taken by the Utah Alcoholic Beverage Control Commission. You will be notified of the next monthly commission meeting when your application will be considered for issuance of a license. 1. Completed application (form enclosed). 2. Ownership entity organizational papers for business: a) if a corporation, submit a copy of articles of incorporation; b) if a partnership, submit a copy of written agreement; c) if a limited liability company, submit a copy of the articles of organization. 3. Criminal history background check information (see application). 4. Local Consent from either city/town council if premises located in incorporated area or county commission if unincorporated area (form enclosed). 5. $10,000 beer wholesaler cash or corporate surety bond (form enclosed). 6. Brand & Territorial Agreement(s) between beer wholesaler and each brewer/importer, reflecting brands of beer as well as geographical areas for distribution (form enclosed). 7. Copy of current federal basic permit. 8. Copy of current local business license. 9. Certificate of public liability insurance. 10. Scaled floor plan of premises highlighting the areas where beer (4.0% by volume) will be stored. 11. $100 application fee (non-refundable). 12. $300 annual license fee (refundable if license not granted). Make checks payable to Utah Department of Alcoholic Beverage Control. Enclosed are copies of Utah laws and commission rules pertaining to beer wholesalers. If you have any questions concerning these forms or the application process, please contact our Licensing and Compliance Division at (801) 977 6800. American LegalNet, Inc. www.FormsWorkflow.com 6.06.08 UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL APPLICATION FOR BEER WHOLESALER LICENSE 1. Applicant/Beer Wholesaler: ____________________________________________________ 2. Business Name: _____________________________________________________________ 3. Address: ___________________________________________________________________ Street PO Box City State Zip 4. Phone:__________________ fax: ____________________ e-mail: ____________________ 5. Person to Contact: _________________________________ 6. Owner of real property and building: _____________________________________________ 7. Ownership: Check appropriate box and provide the requested information in the space below. (add additional sheets if necessary) [] Applicant is an individual: List below information for: (a) Individual (b) All Managers [] Applicant is a partnership: List below information for: (a) All Partners (b) All Managers [] Applicant is a corporation: List below information for: (a) Any Stockholder owning at least 20% of the corporation (b) All Corporate officers and Directors (c) All Managers [] Applicant is a limited liability company (LLC): List below information for: (a) Any members owning at least 20% of the company (b) All Managers TITLE____________NAME_______________________HOME ADDRESS_______________________________ HOME PHONE#______________DR LIC#___________SS#______________DOB__________%OWNED______ Are you a United States Citizen? ________ If no, must attach a copy of residency status. TITLE____________NAME_______________________HOME ADDRESS_______________________________ HOME PHONE#_______________DR LIC#___________SS#______________DOB__________%OWNED_____ Are you a United States Citizen? ________ If no, must attach a copy of residency status. TITLE____________NAME_______________________HOME ADDRESS_______________________________ HOME PHONE#________________R LIC#___________SS#______________DOB__________%OWNED_____ Are you a United States Citizen? ________ If no, must attach a copy of residency status. American LegalNet, Inc. www.FormsWorkflow.com 6.06.08 8. Criminal History. The law prohibits persons who have been convicted of certain crimes from being in the alcoholic beverage business. This applies to any applicant, proprietor, partner, managing agent, director, of officer of the business. This also applies to any stockholder owning at least 20% of the corporation stock, or if a limited liability company, any member owning at least 20% of the company. Please list all criminal offenses other than minor traffic offenses of which you or any of these persons (including persons listed in subparagraph 7) have ever been convicted. NAME CRIMINAL OFFENSE DATE OF CONVICTION _______________________________________________________________________________________ In addition, a criminal history background check must be furnished on each person listed above and in subparagraph 6. This may be done as follows: a. Utah residents: If any person listed has been a resident of Utah for at least two years, he/she shall submit a fingerprint card to the DABC and consent to a fingerprint criminal background check by the Utah Bureau of Criminal Identification. b. Non Residents: Out of state residents or persons who have resided in Utah for less than two years shall submit a fingerprint card to the DABC and consent to a fingerprint criminal background check by the Federal Bureau of Investigation (F.B.I). An informed consent and release of liability form is included with this information. Fingerprint cards are available at law enforcement agencies. You may download the fingerprint card at this web address: http://www.fbi.gov/hq/cjisd/pdf/fpcardb.pdf Submit the form(s) to the DABC with a processing fee of: • $15.00 per card for BCI background checks, or • $34.25 per card for FBI background checks. In the case of an undue delay in the processing of an F.B.I. criminal background check, here are the rules and procedures for obtaining a third-party national background check: An application that requires F.B.I. criminal history background report(s) may be included on a commission meeting agenda, and may be considered by the commission for issuance of a license, permit, or package agency if: 1). the applicant has completed all requirements to apply for the license, permit, or package agency other than the department receiving the F.B.I. criminal history background report(s); 2). the applicant attests in writing that he or she is not aware of any criminal conviction of any person identified in the application that would disqualify the applicant from applying for and holding the license, permit, or package agency; 3). the applicant has submitted to the DABC the necessary fingerprint card(s) required for the application and consented to the fingerprint criminal background check(s) by the F.B.I. 4). the applicant at the time of application supplies the department with a current criminal history background report conducted by a third-party background check reporting service on any person for which an F.B.I. background check is required; and 5). the applicant stipulates in writing that if an F.B.I. report shows a criminal conviction that would disqualify the applicant from holding the license, permit, or package agency, the applicant shall immediately surrender the license, permit, or package agency to the department. A suggested attestation/stipulation letter that satisfies the above requirements is enclosed. A third-party national criminal background check can be obtained by; • searching the yellow pages under Background Screening • searching the internet under Background Screening or Background Checks American LegalNet, Inc. www.FormsWorkflow.com 6.06.08 Because the DABC is State Agency, we cannot recommend any one background screening service over another. It is your responsibility however, to obtain the most complete, nationwide, criminal history available for the application process. 9. List any other warehouse locations: _____________________________________________________ 10. List any other alcoholic licenses held by applicant or principals: __________________________________________________________________________________ 11. List beer brands (4.0% by volume) distributed (add additional sheets if necessary): ___________________________________________________________________________________ ___________________________________________________________________________________________________ 12. By signing below, the applicant attests that: a) the applicant is at least 21 years of age. b) consent is granted to representatives of the Alcoholic Beverage Control Department, Commission, State Bureau of Investigation (Bureau of Alcoholic Beverage Law Enforcement), and other law enforcement agencies to be admitted immediately and permitted without hindrance or delay to inspect the entire premises and all records of the license holder. c) he/she has read and will abide by the provisions of Section 32A, Utah Code and all rules and directives of the Utah Department of Alcoholic Beverage Control; and understands that failure to adhere thereto shall constitute grounds for removal of said license. d) the applicant does not and will not discriminate against persons on the basis of race, color, sex, religion, ancestry, or national origin. e) he/she has read and understands the statements made herein; that execution thereof is done voluntarily and by authorization of said organization, and that any false statement made on this application or any related document is a second degree felony. 13. The undersigned hereby makes application to the Utah Alcoholic Beverage Control Commission for a Beer Wholesaler license and certifies the information contained herein and attached hereto to be true and correct. Date: ___________________________ STATE OF ________________________ COUNTY OF_______________________ ___________________________________ Applicant/owner of business Subscribed & sworn to before me this _______ day of ____________________, ________. ___________________________________ Authorized signature ___________________________________ Name/title _______________________________ Notary Public SEAL: American LegalNet, Inc. www.FormsWorkflow.com 6.06.08 LOCAL CONSENT BEER WHOLESALER Date _________________________ Utah Department of Alcoholic Beverage Control Licensing and Compliance Section 1625 So 900 West PO Box 30408 Salt Lake City, Utah 84130 Gentlemen: ___________________________________________________(City)(Town)(County) hereby grants its consent to the issuance of a Beer Wholesaler license to ___________________ ______________________________________________________ Beer Wholesaler, located at ___________________________________________________________________, pursuant to the provisions of Section 32A-11, Utah Code for the purpose of importation, purchase, and storage of light beer (4.0% by volume) on premises; and for sale and distribution to licensed retail accounts. _____________________________________ Authorized Signature _____________________________________ Name/Title American LegalNet, Inc. www.FormsWorkflow.com 6.06.08 UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 1625 S 900 W • PO Box 30408 • Salt Lake City, UT 84130-0408 • Phone (801) 977-6800 • Fax (801) 977-6889 “BEER WHOLESALING BOND” BOND # _______________________ KNOW ALL PERSONS BY THESE PRESENTS: That Principal, ________________________________________, a beer wholesaling licensee, doing business as _____________________________________________________________, and Surety, _____________________________________, a corporation organized and existing under the laws of the state of ______________________ and authorized to do business in Utah, are held and bound unto the Utah Department of Alcoholic Beverage Control in the sum of $10,000, for which payment will be made, we hereby bind ourselves and our representatives, assigns, and successors firmly by these presents. Dated this _______ day of ___________________, _______. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the above principal has made application to the Utah Alcoholic Beverage Control Commission for a beer wholesaling licensee pursuant to the provisions of 32A-11, Utah Code. NOW, THEREFORE, if said principal, its officers, agents and employees shall faithfully comply with the provisions of Title 32A, Utah Code, and the rules and directives of the Utah Alcoholic Beverage Control Commission and the Utah Department of Alcoholic Beverage Control, then this bond shall be void; but, if said principal, its officers, agents and employees fail to comply with the provisions of the laws, rules and directives or orders as the commission or department may issue, then this bond shall be in full force and effect and payable to the Utah Department of Alcoholic Beverage Control. This bond shall run for a continuing term effective ________________________ unless canceled by service of written notice upon the Utah Department of Alcoholic Beverage Control, which cancellation shall be effective 30 days after receipt of such notice; provided however, that no part of this bond shall be withdrawn or canceled while violations, legal actions or proceedings are pending against said licensee / principal. ___________________________________ Surety ___________________________________ Principal / Licensee ___________________________________ Attorney in fact ___________________________________ Authorized signature { Corporate Seal } __________________________________ Name / Title American LegalNet, Inc. www.FormsWorkflow.com 6.06.08 STATUTORY AFFIDAVIT FOR CORPORATE SURETY STATE OF: ____________________________ COUNTY OF: ____________________________ On the ________ day of _____________________, ______, personally appeared before me, ___________________________________, who, being by me duly sworn, did say that he / she is the attorney in fact of ____________________________________, Surety, and that said instrument was signed in behalf of said surety by authority, and acknowledged to me that he / she as such attorney in fact executed the same. ___________________________________ Notary Public Signature & Seal Note: Corporate surety's own affidavit also acceptable American LegalNet, Inc. www.FormsWorkflow.com 6.06.08 INFORMED CONSENT AND RELEASE OF LIABILITY PURPOSE: To determine, in accordance with Utah Code 32A-1-702 and 32A-1-703, if an applicant with the Department of Alcoholic Beverage Control has been: - convicted of a felony under federal or state law; convicted of a violation of a federal law, state law, or local ordinance concerning the sale, manufacture, distribution, warehousing, or transportation of an alcoholic beverage; convicted of a crime involving moral turpitude; convicted on two or more occasions within the previous five years, driving under the influence of alcohol, a drug, or the combined influence of alcohol and a drug. RELEASE I hereby authorize the Department of Alcoholic Beverage Control (DABC) to investigate my criminal history records to ascertain any and all information which may be pertinent to my qualifications as an applicant with the DABC. The release of any and all information is authorized whether it is of record or not, and I do hereby release all persons, firms, agencies, companies, groups or installations, whomsoever, from any damages of or resulting from, furnishing such information to the DABC. I further agree that a copy of this release will remain in my application file. ______________________________________________________________________ Name (please print; last, first, middle initial) _______________________________ Formerly used last names (please print) _________________________________ Applicant/ doing business as _______________________________ Signature _________________________________ Date American LegalNet, Inc. www.FormsWorkflow.com 6.06.08 (suggested attestation/stipulation letter to the DABC) Date: ________________________ To whom it may concern: I, _____________________________, attest: 1. That I have submitted to the DABC the necessary fingerprint card(s) required for the application and consented to the fingerprint criminal background check(s) by the F.B.I. 2. That I am not aware of any criminal conviction that would disqualify me from applying for and holding a Utah Department of Alcoholic Beverage Control license or permit. I stipulate that if an F.B.I. report shows a criminal conviction that would disqualify me from holding the license, permit, or package agency, I shall immediately surrender the license, permit, or package agency to the department. I am enclosing a national criminal history background report from a third party background check reporting service. _____________________________________ Signature _____________________________________ Name/Title American LegalNet, Inc. www.FormsWorkflow.com 6.06.08