Utah Code 32B-8b-201. Commission’s power to issue a hotel license
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(1) Before a person as a hotel under a single license may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on sublicense premises, the person shall first obtain a hotel license from the commission in accordance with this part.
Terms Used In Utah Code 32B-8b-201
- Alcoholic product: includes an alcoholic beverage. 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 - Designated conveyance area: means a route within a hotel or resort:(2)(a) that connects one or more of the following:(2)(a)(i) the premises of a bar establishment sublicensee;(2)(a)(ii) the premises of a hospitality amenity sublicensee;(2)(a)(iii) the premises of an on-premise banquet sublicensee; or(2)(a)(iv) a guest's room; and(2)(b) does not begin, end, or pass through a pool area or other recreation area, a designated business center, or a sublicensed premises not described in Subsection (2)(a). See Utah Code 32B-8b-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: means one or more buildings that:(3)(a) comprise a hotel, as defined by the commission;(3)(b) are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;(3)(c) primarily operate to provide lodging accommodations;(3)(d) have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;(3)(e) have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and(3)(f) have at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-8b-102
- Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. 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
- 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
- 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
- Store: means to place or maintain in a location an alcoholic product. 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
(2)
(2)(a) The commission may issue to a person a hotel license to allow the storage, sale, offer for sale, furnishing, and consumption of an alcoholic product in connection with a hotel designated in the hotel license if the person operates at least three sublicenses under the hotel license:
(2)(a)(i) one of which is an on-premise banquet license; and
(2)(a)(ii) one of which is:
(2)(a)(ii)(A) a full-service restaurant sublicense;
(2)(a)(ii)(B) a limited-service restaurant sublicense;
(2)(a)(ii)(C) a beer-only restaurant sublicense; or
(2)(a)(ii)(D) a bar establishment sublicense.
(2)(b) A hotel license shall:
(2)(b)(i) consist of:
(2)(b)(i)(A) a general hotel license; and
(2)(b)(i)(B) three or more sublicenses meeting the requirements of Subsection (2)(a); and
(2)(b)(ii) designate the boundary of the hotel, sublicenses, and each designated conveyance area.
(2)(c) This chapter does not prohibit an alcoholic product on the boundary of the hotel to the extent otherwise permitted by this title.
(3) The commission may not issue a total number of hotel licenses that at any time totals more than 80.