Utah Code 32B-4-422. Unlawful dispensing
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(1) A retail licensee licensed under this title to sell, offer for sale, or furnish spirituous liquor for consumption on the licensed premises, or staff of the retail licensee may not:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 32B-4-422
- Banquet: means an event:(8)(a) that is a private event or a privately sponsored event;(8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:(8)(b)(i) a hotel;(8)(b)(ii) a resort facility;(8)(b)(iii) a sports center;(8)(b)(iv) a convention center;(8)(b)(v) a performing arts facility;(8)(b)(vi) an arena; or(8)(b)(vii) a restaurant venue;(8)(c) for which there is a contract:(8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and(8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and(8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. 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 - Furnish: includes to:(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
- 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
- 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
- Permittee: means a person issued a permit under:(89)(a) Chapter 9, Event Permit Act; or(89)(b) Chapter 10, Special Use Permit Act. 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
- Restaurant: means a business location:(110)(a) at which a variety of foods are prepared;(110)(b) at which complete meals are served; and(110)(c) that is engaged primarily in serving meals. 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
- Sublicense: means :(133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:(133)(a)(i) a full-service restaurant license;(133)(a)(ii) a limited-service restaurant license;(133)(a)(iii) a bar establishment license;(133)(a)(iv) an on-premise banquet license;(133)(a)(v) an on-premise beer retailer license;(133)(a)(vi) a beer-only restaurant license; or(133)(a)(vii) a hospitality amenity license; or(133)(b) a spa sublicense. See Utah Code 32B-1-102
(1)(a) sell, offer for sale, or furnish a primary spirituous liquor to a person on the licensed premises except in a quantity that does not exceed 1.5 ounces per beverage dispensed through a calibrated metered dispensing system approved by the department;
(1)(b) sell, offer for sale, or furnish more than a total of 2.5 ounces of spirituous liquor per beverage;
(1)(c) allow a person on the licensed premises to have more than a total of 2.5 ounces of spirituous liquor at a time; or
(1)(d)
(1)(d)(i) except as provided in Subsection (1)(d)(ii), allow a person to have more than two spirituous liquor beverages at a time; or
(1)(d)(ii) allow a person on the premises of the following to have more than one spirituous liquor beverage at a time:
(1)(d)(ii)(A) a full-service restaurant licensee;
(1)(d)(ii)(B) a person operating under a full-service restaurant sublicense;
(1)(d)(ii)(C) an on-premise banquet licensee;
(1)(d)(ii)(D) a person operating under an on-premise banquet sublicense;
(1)(d)(ii)(E) a single event permittee; or
(1)(d)(ii)(F) a hospitality amenity licensee.
(2) A violation of this section is a class C misdemeanor.