(1) A retail licensee who is not an on-premise beer retailer, but who sells, offers for sale, or furnishes beer pursuant to a different part under this chapter:

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Terms Used In Utah Code 32B-6-707

  • Beer: means a product that:
              (11)(a)(i) contains:
                   (11)(a)(i)(A) at least . See Utah Code 32B-1-102
  • Beer retailer: means a business that:
         (13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
         (13)(b) is licensed as:
              (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
              (13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Furnish: includes to:
              (47)(b)(i) serve;
              (47)(b)(ii) deliver; or
              (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
  • License: means :
         (62)(a) a retail license;
         (62)(b) a sublicense;
         (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
         (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
         (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
         (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
         (62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
  • On-premise beer retailer: means a beer retailer who is:
         (83)(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
         (83)(b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:
              (83)(b)(i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and
              (83)(b)(ii) on and after March 1, 2012, operating:
                   (83)(b)(ii)(A) as a tavern; or
                   (83)(b)(ii)(B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
  • Retail license: means one of the following licenses issued under this title:
         (113)(a) a full-service restaurant license;
         (113)(b) a master full-service restaurant license;
         (113)(c) a limited-service restaurant license;
         (113)(d) a master limited-service restaurant license;
         (113)(e) a bar establishment license;
         (113)(f) an airport lounge license;
         (113)(g) an on-premise banquet license;
         (113)(h) an on-premise beer license;
         (113)(i) a reception center license;
         (113)(j) a beer-only restaurant license;
         (113)(k) a hospitality amenity license;
         (113)(l) a resort license;
         (113)(m) a hotel license; or
         (113)(n) an arena license. See Utah Code 32B-1-102
  • Staff: includes :
              (128)(b)(i) an officer;
              (128)(b)(ii) a director;
              (128)(b)(iii) an employee;
              (128)(b)(iv) personnel management;
              (128)(b)(v) an agent of the licensee, including a managing agent;
              (128)(b)(vi) an operator; or
              (128)(b)(vii) a representative. See Utah Code 32B-1-102
     (1)(a) may sell, offer for sale, or furnish beer without obtaining a separate on-premise beer retailer license from the commission; and
     (1)(b) shall comply with the operational requirements under this part that apply to an on-premise beer retailer, except when a requirement of this part is inconsistent with or less restrictive than an operational requirement under the relevant part under this chapter for the type of retail license.
(2) Failure of a retail licensee or staff of the retail licensee to comply with a requirement of this part may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

     (2)(a) a retail licensee;
     (2)(b) individual staff of a retail licensee; or
     (2)(c) both a retail licensee and staff of the retail licensee.