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Terms Used In Utah Code 32B-6-1005

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Beer: means a product that:
              (11)(a)(i) contains:
                   (11)(a)(i)(A) at least . 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
  • Container: means a receptacle that contains an alcoholic product, including:
         (25)(a) a bottle;
         (25)(b) a vessel; or
         (25)(c) a similar item. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Flavored malt beverage: means a beverage:
              (44)(a)(i) that contains at least . 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
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • Hard cider: means the same as that term is defined in Utah Code 32B-1-102
  • Hospitality guest: means an individual:
         (1)(a)
              (1)(a)(i) who is a resident of a resort;
              (1)(a)(ii) for whom a resident of a resort provides lodging accommodations for compensation;
              (1)(a)(iii) for whom a hotel provides lodging accommodations for compensation; or
              (1)(a)(iv) for whom a resort provides lodging accommodations for compensation; and
         (1)(b) who is at least 21 years of age. See Utah Code 32B-6-1002
  • Hotel: means a commercial lodging establishment that offers at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-6-1002
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Liquor: includes :
                   (66)(a)(ii)(A) heavy beer;
                   (66)(a)(ii)(B) wine; and
                   (66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
  • Minor: means an individual under 21 years old. 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
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Record: includes :
              (103)(b)(i) a book;
              (103)(b)(ii) a book of account;
              (103)(b)(iii) a paper;
              (103)(b)(iv) a contract;
              (103)(b)(v) an agreement;
              (103)(b)(vi) a document; or
              (103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102
  • Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by 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
  • Wine: includes :
              (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
     (1)(a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a hospitality amenity licensee and staff of the hospitality amenity licensee shall comply with this section.
     (1)(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:

          (1)(b)(i) the hospitality amenity licensee;
          (1)(b)(ii) individual staff of the hospitality amenity licensee; or
          (1)(b)(iii) both the hospitality amenity licensee and staff of the hospitality amenity licensee.
(2)

     (2)(a) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic product:

          (2)(a)(i) to a hospitality guest; and
          (2)(a)(ii) for consumption in or on the hospitality amenity licensee’s licensed premises.
     (2)(b)

          (2)(b)(i) A hospitality amenity licensee may sell, offer for sale, or furnish an alcoholic product that is not spirituous liquor in or on:

               (2)(b)(i)(A) licensed premises physically separated from an area to which a hospitality guest or the public has access by a permanent or temporary structure or barrier; or
               (2)(b)(i)(B) licensed premises described in Subsection (2)(b)(ii).
          (2)(b)(ii) A hospitality amenity licensee may sell, offer for sale, or furnish spirituous liquor in or on licensed premises that:

               (2)(b)(ii)(A) allows access only through the use of a key or code; and
               (2)(b)(ii)(B) fills the entirety of a physically and permanently enclosed area within the hotel or resort.
     (2)(c) Spirituous liquor may not be in or on the licensed premises described in Subsection (2)(b)(i)(A) of a hospitality amenity licensee, except for use:

          (2)(c)(i) as a flavoring on a dessert; and
          (2)(c)(ii) in the preparation of a flaming food dish or dessert.
     (2)(d) A hospitality amenity licensee may not allow self-service of an alcoholic product in or on the hospitality amenity licensee’s licensed premises.
(3)

     (3)(a) Subject to Subsections (3)(b) and (c), a hospitality guest may not have more than two alcoholic products of any kind at a time before the hospitality guest.
     (3)(b) A hospitality guest may not have more than one spirituous liquor drink at a time before the hospitality guest.
     (3)(c) An individual portion of wine is considered to be one alcoholic product under Subsection (3)(a).
(4) A hospitality amenity licensee shall make food available at all times that the licensee sells, offers for sale, furnishes, or allows the consumption of an alcoholic product on the licensed premises.
(5)

     (5)(a) A hospitality amenity licensee may not sell, offer for sale, or furnish an alcoholic product any day during a period that:

          (5)(a)(i) begins at 1:00 a.m.; and
          (5)(a)(ii) ends at 9:59 a.m.
     (5)(b) A hospitality amenity licensee shall remain open for one hour after the licensee ceases to sell and furnish an alcoholic product, during which time a hospitality guest in or on the hospitality amenity licensed premises may finish consuming:

          (5)(b)(i) a single drink containing spirituous liquor;
          (5)(b)(ii) except as provided in Subsection (5)(b)(iii), a single serving of wine not exceeding five ounces;
          (5)(b)(iii) a single serving not exceeding 16 ounces of hard cider that is furnished in a sealed container and contains no more than 5% of alcohol by volume;
          (5)(b)(iv) a single serving of heavy beer;
          (5)(b)(v) a single serving not exceeding 26 ounces of beer; or
          (5)(b)(vi) a single serving of a flavored malt beverage.
     (5)(c) A hospitality amenity licensee is not required to remain open:

          (5)(c)(i) after all individuals have vacated the licensee’s licensed premises; or
          (5)(c)(ii) during an emergency.
(6)

     (6)(a) Notwithstanding Section 32B-5-305, a hospitality amenity licensee may provide a hospitality guest up to two single servings of an alcoholic product free of charge or at a reduced rate, if:

          (6)(a)(i) the alcoholic product is not a spirituous liquor; and
          (6)(a)(ii) the hospitality amenity licensee offers the alcohol product:

               (6)(a)(ii)(A) to all hospitality guests;
               (6)(a)(ii)(B) during a specific time; and
               (6)(a)(ii)(C) on the hospitality amenity licensee’s licensed premises.
     (6)(b) Before a hospitality amenity licensee provides an alcoholic product free of charge or at a reduced rate as described in Subsection (6)(a), the licensee shall provide the department with advance notice of the event, in accordance with commission rules that permit a licensee to provide a single notice for a reoccurring event or multiple events.
(7) A hospitality amenity licensee may permit a hospitality guest to purchase an alcoholic product through a charge to the hospitality guest’s lodging accommodations.
(8)

     (8)(a) Notwithstanding Section 32B-5-307, a hospitality guest, or a person other than the hospitality amenity licensee or staff of the hospitality amenity licensee, may not remove an alcoholic product from the hospitality amenity licensee’s licensed premises.
     (8)(b) Notwithstanding Subsection 32B-5-307(3), a hospitality guest may not bring an alcoholic product within the hospitality amenity licensee’s licensed premises.
(9) A hospitality amenity licensee shall display at each entrance to the licensee’s licensed premises a conspicuous sign that:

     (9)(a) measures at least 8-1/2 inches long and 11 inches wide; and
     (9)(b) clearly states that entry is limited to individuals who are hospitality guests, as defined in this title.
(10) A hospitality amenity licensee may not permit a minor to enter the licensee’s licensed premises at any time during which an alcoholic product is sold, offered for sale, furnished, or consumed, unless the minor is accompanied at all times on the licensed premises by a hospitality guest.
(11) A staff person of a hospitality amenity licensee shall remain on the licensed premises at all times when an alcoholic product is sold, offered for sale, furnished, or consumed in or on the licensed premises.
(12) A hospitality amenity licensee may transfer an alcoholic product to or from another licensee within the boundary of the hotel or within the boundary of the resort building, if:

     (12)(a) the hospitality amenity licensee and each licensee involved in the transfer tracks the transfer of the alcoholic product; and
     (12)(b) the alcoholic product is in a sealed, unopened container.
(13)

     (13)(a) In addition to the requirements described in Section 32B-5-302, a hospitality amenity licensee shall maintain each of the following records for at least three years:

          (13)(a)(i) a record required under Subsection 32B-5-302(1); and
          (13)(a)(ii) a record that the commission requires a hospitality amenity licensee to use or maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
     (13)(b) The department shall audit the records of a hospitality amenity licensee at least once annually.
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