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Terms Used In Utah Code 32B-6-603

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Arena: means an enclosed building:
         (6)(a) that is managed by:
              (6)(a)(i) the same person who owns the enclosed building;
              (6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or
              (6)(a)(iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
         (6)(b) that operates as a venue; and
         (6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102
  • 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
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Convention center: means a facility that is:
         (27)(a) in total at least 30,000 square feet; and
         (27)(b) otherwise defined as a "convention center" by the commission by rule. 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
  • Hotel: includes a commercial lodging establishment that:
              (53)(b)(i) meets the requirements under Subsection (53)(a); and
              (53)(b)(ii) has one or more privately owned dwelling units. 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 banquet license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License. See Utah Code 32B-1-102
  • Package agency: means a retail liquor location operated:
         (85)(a) under an agreement with the department; and
         (85)(b) by a person:
              (85)(b)(i) other than the state; and
              (85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. 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
  • Performing arts facility: means a multi-use performance space that:
              (88)(a)(i) is primarily used to present various types of performing arts, including dance, music, and theater;
              (88)(a)(ii) contains over 2,500 seats;
              (88)(a)(iii) is owned and operated by a governmental entity; and
              (88)(a)(iv) is located in a city of the first class. 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
  • Resort facility: is a s defined by the commission by rule. 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
  • Restaurant venue: means a room within a restaurant that:
         (112)(a) is located on the licensed premises of a restaurant licensee;
         (112)(b) is separated from the area within the restaurant for a patron's consumption of food by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a patron in the area within the restaurant for a patron's consumption of food; and
         (112)(c)
              (112)(c)(i) has at least 1,000 square feet that:
                   (112)(c)(i)(A) may be reserved for a banquet; and
                   (112)(c)(i)(B) accommodates at least 75 individuals; or
              (112)(c)(ii) if the restaurant is located in a small or unincorporated locality, has an appropriate amount of space, as determined by the commission, that may be reserved for a banquet. See Utah Code 32B-1-102
  • Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
         (114)(a) hotel; or
         (114)(b) resort facility. See Utah Code 32B-1-102
  • Sports center: is a s defined by the commission by rule. See Utah Code 32B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Venue: The geographical location in which a case is tried.
     (1)(a) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product in connection with the person’s banquet and room service activities at one of the following, the person shall first obtain an on-premise banquet license in accordance with this part:

          (1)(a)(i) a hotel;
          (1)(a)(ii) a resort facility;
          (1)(a)(iii) a sports center;
          (1)(a)(iv) a convention center;
          (1)(a)(v) a performing arts facility;
          (1)(a)(vi) an arena; or
          (1)(a)(vii) a restaurant venue.
     (1)(b) This part does not prohibit an alcoholic product on the premises of a person listed in Subsection (1)(a) to the extent otherwise permitted by this title.
     (1)(c) This section does not prohibit a person who applies for an on-premise banquet license to also apply for a package agency if otherwise qualified.
(2) The commission may issue an on-premise banquet license to establish on-premise banquet licensees in the numbers the commission considers proper for the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product at a banquet or as part of room service activities operated by an on-premise banquet licensee.
(3) Subject to Section 32B-1-201, the commission:

     (3)(a) may not issue a total number of restaurant venue on-premise banquet licenses that at any time exceeds 25; and
     (3)(b) may not issue a total number of on-premise banquet licenses that at any time exceeds the number determined by dividing the population of the state by 28,765.
(4) Pursuant to a contract between the host of a banquet and an on-premise banquet licensee:

     (4)(a) the host of the banquet may request an on-premise banquet licensee to provide an alcoholic product served at the banquet; and
     (4)(b) an on-premise banquet licensee may provide an alcoholic product served at the banquet.
(5) At a banquet, an on-premise banquet licensee may furnish an alcoholic product:

     (5)(a) without charge to a patron at a banquet, except that the host of the banquet shall pay for an alcoholic product furnished at the banquet; or
     (5)(b) with a charge to a patron at the banquet.
(6) To be licensed as an on-premise banquet, a person shall maintain at least 50% of the person’s total annual banquet gross receipts from the sale of food, which does not include:

     (6)(a) mix for an alcoholic product; or
     (6)(b) a charge in connection with the furnishing of an alcoholic product.