Section 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.Utah Admin. Code R82-13-102
Adopted by Utah State Bulletin Number 2020-05, effective 2/25/2020