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Terms Used In Utah Code 32B-5-304

  • 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
  • dispense: means :
              (36)(a)(i) drawing an alcoholic product; and
              (36)(a)(ii) using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. 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
  • Hard cider: means the same as that term is defined in 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
  • 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
  • Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
         (87)(a) a customer;
         (87)(b) a member;
         (87)(c) a guest;
         (87)(d) an attendee of a banquet or event;
         (87)(e) an individual who receives room service;
         (87)(f) a resident of a resort; or
         (87)(g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
  • Secondary flavoring ingredient: means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage. See Utah Code 32B-1-102
  • Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
  • Wine: includes :
              (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
     (1)(a) A retail licensee may sell, offer for sale, or furnish spirituous liquor that is a primary spirituous liquor only in a quantity that does not exceed 1.5 ounces per beverage dispensed through a calibrated metered dispensing system approved by the department in accordance with commission rules adopted under this title.
     (1)(b) A retail license is not required to dispense spirituous liquor through a calibrated metered dispensing system if the spirituous liquor is:

          (1)(b)(i) a secondary flavoring ingredient;
          (1)(b)(ii) used as a flavoring on a dessert;
          (1)(b)(iii) used to set aflame a food dish, drink, or dessert; or
          (1)(b)(iv) in a beverage that:

               (1)(b)(iv)(A) is served to a patron in the original, sealed container;
               (1)(b)(iv)(B) is not more than 12 ounces;
               (1)(b)(iv)(C) contains no more than 10% alcohol by volume or 8% by weight; and
               (1)(b)(iv)(D) is in a container that has the alcohol by volume percentage on the front label and in a font that measures at least three millimeters high.
     (1)(c) A retail licensee that dispenses spirituous liquor that is a secondary flavoring ingredient shall:

          (1)(c)(i) designate a location where the retail licensee stores secondary flavoring ingredients on the floor plan the retail licensee submits to the department; and
          (1)(c)(ii) clearly and conspicuously label each secondary flavoring ingredient’s container “flavorings”.
     (1)(d)

          (1)(d)(i) A patron may have no more than 2.5 ounces of spirituous liquor at a time.
          (1)(d)(ii) Subsection (1)(d)(i) does not apply to a beverage described in Subsection (1)(b)(iv).
(2)

     (2)(a)

          (2)(a)(i) A retail licensee may sell, offer for sale, or furnish wine by the glass or in an individual portion that does not exceed 5 ounces per glass or individual portion.
          (2)(a)(ii) A retail licensee may sell, offer for sale, or furnish an individual portion of wine to a patron in more than one glass if the total amount of wine does not exceed 5 ounces.
     (2)(b)

          (2)(b)(i) A retail licensee may sell, offer for sale, or furnish wine in a container not exceeding 1.5 liters at a price fixed by the commission to a table of four or more persons.
          (2)(b)(ii) A retail licensee may sell, offer for sale, or furnish wine in a container not to exceed 750 milliliters at a price fixed by the commission to a table of less than four persons.
     (2)(c) Notwithstanding Subsections (2)(a) and (b), a retail licensee may sell, offer for sale, or furnish hard cider that contains no more than 5% of alcohol by volume in a sealed container not to exceed 16 ounces.
(3) A retail licensee may sell, offer for sale, or furnish heavy beer in an original container at a price fixed by the commission, except that the original container may not exceed one liter.
(4) A retail licensee may sell, offer for sale, or furnish a flavored malt beverage in an original container at a price fixed by the commission, except that the original container may not exceed one liter.
(5)

     (5)(a)

          (5)(a)(i) Subject to Subsection (5)(a)(ii), a retail licensee may sell, offer for sale, or furnish beer for on-premise consumption:

               (5)(a)(i)(A) in an open original container; and
               (5)(a)(i)(B) in a container on draft.
          (5)(a)(ii) A retail licensee may not sell, offer for sale, or furnish beer under Subsection (5)(a)(i):

               (5)(a)(ii)(A) in a size of container that exceeds two liters; or
               (5)(a)(ii)(B) to an individual patron in a size of container that exceeds one liter.
     (5)(b) A retail licensee may sell, offer for sale, or furnish beer for off-premise consumption:

          (5)(b)(i) in a sealed container; and
          (5)(b)(ii) in a size of container that does not exceed two liters.
     (5)(c) A retail licensee may sell, offer for sale, or furnish a flight of beer to an individual patron if the total amount of beer does not exceed 16 ounces.
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