Utah Code 32B-8c-301. Specific operational requirements for arena license
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Terms Used In Utah Code 32B-8c-301
- 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
- Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. 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- Furnish: includes to:
(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. 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- 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
- 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, an arena licensee, staff of the arena licensee, and a sublicensee or person otherwise operating under a sublicense shall comply with this section.(1)(b) Failure to comply as provided in Subjection (1)(a) may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:(1)(b)(i) the arena licensee;(1)(b)(ii) individual staff of the arena licensee;(1)(b)(iii) a sublicensee or person otherwise operating under a sublicense of the arena licensee;(1)(b)(iv) individual staff of a sublicensee or person otherwise operating under a sublicense; or(1)(b)(v) any combination of the persons listed in Subsections (1)(b)(i) through (iv).(2)(2)(a) An arena 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; or(2)(a)(iii) under a package agency agreement with the department, subject to Chapter 2, Part 6, Package Agency.(2)(b) An arena 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; and(2)(b)(iii) if as a package agency, in accordance with the contract with the department and Chapter 2, Part 6, Package Agency.(3) An arena 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 and beverages for the arena license and each of the arena license‘s sublicenses is from the sale of food, not including:(3)(a) mix for an alcoholic product; and(3)(b) a charge in connection with the service of an alcoholic product.(4) An arena licensee shall, directly or indirectly, supervise and direct a person involved in the sale, offer for sale, or furnishing of an alcoholic product under an arena license.