Section 32B-5-309 - Ceasing operation(1) Except as provided in Subsection (8), a retail licensee may not close or cease operation for a period longer than 240 hours, unless: (a) the retail licensee notifies the department in writing at least seven days before the day on which the retail licensee closes or ceases operation; and(b) the closure or cessation of operation is first approved by the department.(2) Notwithstanding Subsection (1), in the case of emergency closure, a retail licensee shall immediately notify the department by telephone.(3)(a) The department may authorize an initial closure or cessation of operation of a retail licensee for a period not to exceed 60 days.(b) Upon written request of the retail licensee and a showing of good cause, the department may extend the initial period described in Subsection (3)(a) for a period not to exceed the greater of:(ii) the number of days until the day on which the commission holds the commission's next regularly scheduled meeting.(4) A closure or cessation of operation may not exceed the time limits described in Subsection (3) without commission approval.(5) A notice required under this section shall include:(a) the dates of closure or cessation of operation;(b) the reason for the closure or cessation of operation; and(c) the date on which the retail licensee will reopen or resume operation.(6) If a retail licensee fails to provide notice and to obtain department approval before closure or cessation of operation, the commission may:(a) suspend, revoke, or deem forfeited the retail license; or(b) deem the unused portion of the retail license fee for the remainder of the retail license year forfeited.(7) If a retail licensee fails to reopen or resume operation by the date approved under Subsections (3) and (4), the commission may:(a) suspend, revoke, or deem forfeited the retail license; or(b) deem the unused portion of the retail license fee for the remainder of the retail license year forfeited.(8) This section does not apply to:(a) an on-premise beer retailer who is not a tavern;(b) an airport lounge licensee; or(c) a hospitality amenity licensee.(9) For purposes of this section, the department may not base a determination that a retail licensee has ceased operation solely upon the retail licensee's lack of sales.Amended by Chapter 371, 2023 General Session ,§ 17, eff. 5/3/2023.Amended by Chapter 447, 2022 General Session ,§ 29, eff. 6/1/2022.Amended by Chapter 219, 2020 General Session ,§ 21, eff. 5/12/2020.Amended by Chapter 1, 2012SP4 General Session ,§ 7, eff. 6/25/2012.Amended by Chapter 334, 2011, 2011 General Session See Chapter 349, 2013 General Session , § 14.