{"data":{"id":"us-ut/utah-code-32b-1-208","jurisdiction":"us-ut","citation":"Utah Code § 32B-1-208","heading":"Percentage lease agreements.","body":"(1) As used in this section:\n(a) \"Percentage lease agreement\" means a lease agreement in which the lessee:\n(i) is a retail licensee; and\n(ii) pays the lessor:\n(A) a base rent; and\n(B) percentage rent.\n(b) \"Percentage rent\" means a percentage:\n(i) agreed upon between a lessor and lessee; and\n(ii) of the total sales revenue that:\n(A) exceed a fixed dollar amount of sales revenue; and\n(B) the lessee earns while doing business on the rental premises.\n(2)\n(a) The parties to a percentage lease agreement shall submit a copy of the percentage lease agreement to the department.\n(b) If there is a material change to the percentage lease agreement submitted to the department under Subsection (2)(a), the parties to the percentage lease agreement shall promptly submit a copy of the changed percentage lease agreement to the department.\n(3) If a percentage lease agreement requires a retail licensee to pay the lessor a percentage rent of 6% or less, the department may not conduct any further investigation into the percentage lease agreement.\n(4) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing:\n(a) the maximum percentage of revenue from alcohol sales a percentage lease agreement may require; and\n(b) the procedure for submitting a percentage lease agreement under Subsection (2).\n(5)\n(a) The provisions of this section do not apply to a percentage lease agreement in which the lessee is an airport lounge licensee.\n(b) Nothing in this title prohibits an airport lounge licensee from entering into a percentage lease agreement, regardless of the percentage rent specified in the percentage lease agreement.","path":["Title 32B Alcoholic Beverage Control Act","Chapter 32B-1 Alcoholic Beverage Control General Provisions","Part 32B-1-2 Miscellaneous Provisions"],"source_url":"https://le.utah.gov/xcode/Title32B/Chapter1/32B-1-S208.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"d5eeb54a93ac7dd7daf6954e38aa9e1263b139fe96219a684033f5231ab03e87","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-32b-1-207","next":"us-ut/utah-code-32b-1-301"},"notice":"GroundRules: Original legal text. Not legal advice."}