(1)

1. (a) Before a person may store, sell, offer for sale, furnish, or permit consumption of an alcoholic product on licensed premises as a retail licensee, the person shall first obtain a retail license issued by the commission, notwithstanding whether the person holds a local license or a permit issued by a local authority.
2. (b) Violation of this Subsection (1) is a class B misdemeanor.

(2) To obtain a retail license under this title, a person shall submit to the department:

1. (a) a written application in a form prescribed by the department;
2. (b) a nonrefundable application fee in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying;

3. (c) an initial license fee:

   1. (i) in the amount specified in the relevant chapter or part for the type of retail license for which the person is applying; and
   2. (ii) that is refundable if a retail license is not issued;
4. (d) written consent of the local authority, including, if applicable, consent for each proposed sublicense;

5. (e) a copy of:

   1. (i) the person's current business license; and
   2. (ii) if the person is applying for a principal license, the current business license for each proposed sublicense, except if the relevant political subdivision determines that the business license for a proposed sublicense is included in the person's current business license;
6. (f) evidence of the proposed retail licensee's proximity to any community location, with proximity requirements being governed by Section 32B-1-202;
7. (g) a bond as specified by Section 32B-5-204;

8. (h) a floor plan, and boundary map where applicable, of the premises of the retail license and each, if any, accompanying sublicense, including any:

   1. (i) consumption area; and
   2. (ii) area where the person proposes to store, sell, offer for sale, or furnish an alcoholic beverage;
9. (i) evidence that the retail licensee carries public liability insurance in an amount and form satisfactory to the department;

10. (j) evidence that the retail licensee carries dramshop insurance coverage of at least:

    1. (i) $1,000,000 per occurrence and $2,000,000 in the aggregate;
    2. (ii) if the retail licensee is a hotel licensee or a resort licensee, $1,000,000 per occurrence and $2,000,000 in the aggregate to cover both the principal license and all accompanying sublicenses; or
    3. (iii) if the retail licensee is an arena licensee, $10,000,000 per occurrence and $20,000,000 in the aggregate to cover both the arena license and all accompanying sublicenses.

11. (k) a signed consent form stating that the retail licensee will permit any authorized representative of the commission, department, or any law enforcement officer to have unrestricted right to enter:

    1. (i) the premises of the retail licensee; and
    2. (ii) if applicable, the premises of each of the retail licensee's accompanying sublicenses;
12. (l) if the person is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity;
13. (m) a responsible alcohol service plan; and
14. (n) any other information the commission or department may require.

(3) The commission may not issue a retail license to a person who:

1. (a) is disqualified under Section 32B-1-304; or
2. (b) is not lawfully present in the United States.