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 “NON-TAVERN” “ON PREMISE BEER LICENSE” (GROSS SALES OF BEER ARE LESS THAN 50% OF TOTAL BEER AND FOOD SALES) APPLICATION CHECKLIST The items below should be completed and submitted by the 10th of the month or earlier, so that your application can be processed in a timely manner. All licensing requirements must be fully satisfied in order to complete your application. You will then be notified of the next monthly Utah Alcoholic Beverage Control 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 articles of organization. 3.____Criminal history background check information (see application form). 4.____Evidence of proximity to schools, churches, libraries, playgrounds and/or parks (see #17 on application form). 5.____Copy of current local business license. 6.____Copy of local beer license. If not required by local authority, obtain written consent from either city/town council or county commission whichever is applicable to sell beer for on premise consumption (form enclosed). 7.____$2,000 cash or corporate surety bond (form enclosed). 8.____Certificate of insurance for public liability and liquor liability “dram shop” coverage (minimum coverage is $500,000 per occurrence and $1,000,000 in the aggregate.) 9.____Scaled floor plan (8-1/2" x 11") of your retail beer facility, highlighting areas for storage, sale and consumption of beer. 10.____$250 application fee (non-refundable). 11.____$150 initial license fee for period ending last day of February (make checks payable to UDABC) 12.____Food and Beer menu. Enclosed are copies of Utah law and rules of the commission pertaining to on-premise beer licensees, and a list of factors considered in the evaluation of license applications. If you have questions concerning these forms or the application process, please contact our Licensing and Compliance Division at (801) 977-6800. 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL APPLICATION FOR “NON-TAVERN” ON-PREMISE BEER LICENSE [ ] Bowling [ ] Golf [ ] Other 1. Business name: 2. Applicant/owner of business: 3. Location: 4. Street Mailing address: 5. Street P.O. Box City State Zip Business phone: _________________ Other phone: ______________ Fax: _________________ 6. Manager: _____________DOB: _______________SS#: _____________DL#: ______________ 7. Contact person: ________________________ 8. Owner of real property & building: 9. List name of previous business at this location: 10. List other alcoholic beverage licenses previously and/or currently held by applicant/principals: ________________________________________________________________________________ 11. Date opened for business: ____________________ (or projection): 12. Days and hours of operation: 13. Total seating capacity: ______________ Number of parking stalls: ____________ 14. Square footage of facility: 15a. Average/projected monthly food & beverage sales: ______________________ 15b. Projected monthly alcohol sales: _____________________________________ 16. Describe type of entertainment, if any: _________________________________________________ 17. List any private or public schools, churches, public libraries, public playgrounds or parks located within 600' of your premises. See Utah Code Sections 32A-10-201(3)(4)(5) as to how proximity is determined and measured and for an explanation on variances. Property Address Measured Distance ______________________________________________________________________________ City State Zip ______________________________________________________________________________ 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com 18. Ownership: Check appropriate box and provide the requested information in the spaces 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 Stockholders 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 a 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 #_______________DR LIC #_____________SS #______________DOB___________% OWNED_____ Are you a United States Citizen? ________ If no, must attach a copy of residency status. 19. Criminal Convictions. The law prohibits any person who has been convicted of a felony under any federal or state law or any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages from being in the alcoholic beverage business. The law also prohibits any person who has been convicted of any crime involving moral turpitude or, on two or more occasions within the last five years, has been convicted of driving under the influence of alcohol, any drug, or the combination of alcohol and any drug from being in the alcoholic beverage business. This proscription also applies to any officers, partners, managers, managing agents, directors, stockholders who hold at least 20% of the total issued and outstanding stock of an applicant corporation, members who own at least 20% of an applicant limited liability company and to any person employed to act in a supervisory or managerial capacity. Please list all criminal offenses other than minor traffic offenses of which you or any of the above persons have ever been convicted: NAME CRIMINAL OFFENSE DATE OF CONVICTION _______________________________________________________________________ 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com In addition, a criminal history background check must be furnished on each person listed above and in subparagraph 18. 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). 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 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. 20. Applicant agrees to immediately notify the department of any change in ownership, management, and if a corporation, any change in the officers/directors, and understands that failure to do so may result in immediate suspension of license. 21. Have you as an applicant, or any proprietor, partner, managing agent, director, officer, stockholder owning at least 20% corporation stock, or if a limited liability company, any member owning at least 20% of the company, had a state alcoholic beverage license, permit, or agency revoked within the last three years? __________ If so please explain. ______________________________________________________________________________ ______________________________________________________________________________ 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com 22. By signing below, the applicant attests that: a) the applicant is in compliance with all federal and state laws pertaining to the payment of taxes and contributions to unemployment and insurance funds. The following are tax identification numbers of the business. i. State Sales Tax #: ______________________ ii. State Payroll Withholding Tax #: ______________________ iii. State Dept. of Workforce Services #: ______________________ iv. Federal Taxpayer Identification #: ______________________ b) the proprietor/applicant is at least 21 years of age. c) 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 licensee. d) he/she has read and will abide by the provisions of Title 32A, Utah Code, and all rules of the commission and directives of the Department of Alcoholic Beverage Control; and understands that failure to adhere thereto or to no longer possess the qualifications of a licensee may result in suspension or revocation of the license and forfeiture of compliance bond. e) the applicant does not and will not discriminate against persons on the basis of race, color, sex, religion, ancestry, or national origin. 23. The undersigned acknowledges that he/she has read and understands the statements made herein, and that execution hereof is done voluntarily and by authorization of the applicant/organization, and that any false statement made on this application or any related document is a second degree felony. 24. The undersigned hereby makes application to the Utah Alcoholic Beverage Control Commission for a non-tavern on-premise beer license and certifies that the information contained herein and attached hereto is true and correct. Dated this __________ day of __________________, ______ STATE OF ________________________ COUNTY OF_______________________ __________________________________ Applicant/owner of business __________________________________ Authorized signature __________________________________ Name/title 6.30.08 Subscribed & sworn to before me this _______ day of ____________________, ________. _______________________________ Notary Public SEAL: American LegalNet, Inc. www.FormsWorkflow.com 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 “ON-PREMISE (Non-Tavern) BEER LICENSE” LOCAL CONSENT Date: _________________________ Attn: DABC Licensing & Compliance Section __________________________________________________, [ ] City [ ] Town [ ] County hereby grants its consent to the issuance of an on-premise beer (non-tavern) retailer license to: Business Name: ________________________________________________________________ Applicant / Business Owner: ______________________________________________________ Location Address: ______________________________________________________________ Pursuant to the provisions of Utah Code 32A-10, Part 2, this license allows for the storage, sale and consumption of beer on the premises. Furthermore, the applicant has met all ordinances and requirements relating to issuance of local business license(s). [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-10-201(3), the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. 6.30.08 _____________________________________ Authorized Signature _____________________________________ Print Name / Title American LegalNet, Inc. www.FormsWorkflow.com UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ON-PREMISE NON-TAVERN BEER LICENSE APPLICATION EVALUATION FACTORS The Alcoholic Beverage Control Department and Commission utilize factors for evaluating an on-premise beer (non-tavern) license application including, but not limited to: 1. Location factors such as: - proximity to and density of other alcoholic beverage outlets in the area, - traffic flow, - demographics, - population to be served, - proximity to any educational, religious and recreational facilities such as public schools, nursery schools, infant day care centers, trade and technical schools, churches, public libraries, public playgrounds, and parks. 2. Physical characteristics such as: - condition of the premises, - square footage, - seating capacity, - parking availability. 3. Management experience: - familiarity with alcoholic beverage operations, - familiarity with financial record keeping, - management scheme employed by the beer retailer, - length of time in operation, - past compliance with alcoholic beverage laws and rules. 4. Nature or type of beer retailer operation. - golf course - bowling alley - performance hall - other 5. Public input. Note: Keep this sheet and refer to it for presentation before the ABC Commission. 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com 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 “ON-PREMISE BEER BOND” BOND# _____________________ KNOW ALL PERSONS BY THESE PRESENTS: That Principal, _________________________________________, an on-premise beer 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 $2,000, 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 an on-premise beer license pursuant to the provisions of 32A-10, Part 2, 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 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com 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 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com (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 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com 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) _________________________________ Company _______________________________ Signature _________________________________ Date 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL P.O. Box 30408 • Salt Lake City, UT 84130-0408 • Ph: 801-977-6800 • Fax: 801-977-6889 website: www.abc.utah.gov On-Premise Beer License Summary (for retailers that are not taverns) Note: This is general information only and should not be considered conclusive. For further detail, please consult Title 32A of the Utah Code and the Rules of the Commission. A state on-premise beer retailer license allows the sale of beer at retail for on-premise consumption. These establishments include restaurants, cafes, bowling center or golf course food and beverage facilities, snack bars, etc. Special licensing conditions apply to on-premise beer retailers who are taverns (see separate Tavern License Summary). Liquor may not be stored or sold on the premises of an on-premise beer retailer. Effective October 1, 2008, flavored malt beverages may not be stored or sold on the premises of an on-premise beer retailer. Licenses run from March 1 to the last day of February. For on-premise beer retailers that are not taverns, there is no quota and the commission may issue licenses at places and in numbers it considers proper. Only one state beer license is required for each building or resort facility owned or leased by the same applicant. The state license is in addition to any beer license required by a local government. Purchases of Beer • The on-premise retailer must purchase, acquire, possess for resale, or sell beer that has been lawfully purchased from a Utah wholesaler who is authorized to sell beer in the geographical area in which the beer retailer is located, or from a small brewer (manufactures less than 60,000 barrels per year). Sale and Service of Beer • Beer may be sold and served in open containers in any size not exceeding 2 liters and on draft. Beer may be sold by the pitcher (up to two liters) to two or more patrons, but may be sold to an individual patron only in a container that does not exceed one liter. • Beer sold in sealed containers may be removed from the beer retailer's premise. Sales Hours • Beer may be sold from 10 a.m. until 1 a.m. Discounting Practices Prohibited • Discounting practices are prohibited that encourage over-consumption of beer (i.e. reduced prices for certain hours of the day, “happy hours”, “two for ones”, “all you can drink for a set price”, free beer, or selling at less than cost). Consumption on the Premises • An open container primarily used for drinking purposes and containing beer may not be removed from the premises. Minors • Minors may be employed by an on-premise beer retailer, but may not sell, dispense, or furnish beer. • Minors may work at a cash register to ring up the sale of beer. Employees • Any employee who sells, serves, dispenses, or handles beer must be twenty one years of age or older. • Employees may not consume or be under the influence of alcoholic beverages while on duty. • Servers of alcohol must wear a unique identification badge showing the employee's first name, initials, or a number assigned by the employer. • Managers, supervisors, and employees who serve alcohol must take and pass an alcohol server training seminar every three years and must complete the training within 30 days of commencing employment. 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com Employee Fines • The commission is authorized to assess an administrative fine against an officer, employee, or agent of a licensee for a violation of the alcoholic beverage laws. “Brown Bagging” • Patrons may not bring in or store alcoholic beverages on the premises. Advertising • Beer advertising must comply with the guidelines in Rule R81-1-17. Warning sign • Each on-premise beer retailer licensee shall display, in a prominent place, a sign in at least half inch bold letters stating: “Warning: Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah.” Prohibited Conduct • Lewd acts, attire, and sexually oriented conduct of employees and entertainers that are considered contrary to public welfare and morals are prohibited on the premises. Gambling • An on-premise beer retailer may not engage in or permit any form of gambling on the premises. 6.30.08 American LegalNet, Inc. www.FormsWorkflow.com