Utah Code 32B-8b-301. Specific operational requirements for hotel license
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(1)
Terms Used In Utah Code 32B-8b-301
- Alcoholic beverage: means the following:(3)(a) beer; or(3)(b) liquor. See Utah Code 32B-1-102
- Alcoholic product: includes an alcoholic beverage. 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.
- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . 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
- 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
- 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 - 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
- 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
- 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) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational Requirements, a hotel licensee, staff of the hotel licensee, and a sublicensee or person otherwise operating under a sublicense 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 hotel licensee;
(1)(b)(ii) individual staff of the hotel licensee;
(1)(b)(iii) a sublicensee or person otherwise operating under a sublicense of the hotel licensee;
(1)(b)(iv) individual staff of a sublicensee or person otherwise operating under a sublicense of the hotel licensee; or
(1)(b)(v) any combination of the persons listed in this Subsection (1)(b).
(2)
(2)(a) A hotel licensee may not sell, offer for sale, or furnish an alcoholic product except:
(2)(a)(i) on sublicensed premises;
(2)(a)(ii) pursuant to a permit issued under this title;
(2)(a)(iii) under a package agency agreement with the department, subject to Chapter 2, Part 6, Package Agency; or
(2)(a)(iv) through room service.
(2)(b) A hotel licensee who sells, offers for sale, or furnishes an alcoholic product as provided in Subsection (2)(a) shall sell, offer for sale, or furnish the alcoholic product:
(2)(b)(i) if on sublicensed premises, in accordance with the operational requirements described in Section 32B-8d-104 ;
(2)(b)(ii) if under a permit issued under this title, in accordance with the operational requirements under the provisions applicable to the permit;
(2)(b)(iii) if as a package agency, in accordance with the contract with the department and Chapter 2, Part 6, Package Agency; and
(2)(b)(iv) if through room service, in accordance with Subsection (5).
(2)(c) Notwithstanding the other provisions of this Subsection (2) and except as provided in Section 32B-8d-104 , a hotel licensee may not permit a patron to carry an alcoholic product off the premises of a sublicense in violation of Section 32B-5-307 , off an area designated under a permit, or off a designated conveyance area.
(3) A hotel licensee shall supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under a hotel license.
(4)
(4)(a) A hotel licensee shall:
(4)(a)(i) in accordance with commission rule, establish and maintain signage that clearly identifies each designated conveyance area and conspicuously states that a patron may not take an alcoholic beverage beyond the designated conveyance area except as otherwise provided in this chapter;
(4)(a)(ii) ensure that an alcoholic beverage is not left unattended in a designated conveyance area; and
(4)(a)(iii) ensure that each patron complies with the requirements of Subsection 32B-8d-104 (5)(b)(ii).
(4)(b) In accordance with Subsection (2), a hotel licensee may not sell, offer for sale, or furnish an alcoholic product in a designated conveyance area.
(5)
(5)(a) Staff of the hotel licensee shall provide room service of an alcoholic product to a lodging accommodation of a hotel licensee in person only to an adult occupant in the lodging accommodation.
(5)(b) An alcoholic product may not be left outside a lodging accommodation for retrieval by an occupant.
(6) A hotel licensee shall operate in a manner so that at least 70% of the annual aggregate of the gross receipts related to the sale of food or beverages for the hotel license and each of the hotel license’s sublicenses is from the sale of food, not including:
(6)(a) mix for an alcoholic product; and
(6)(b) a charge in connection with the service of an alcoholic product.