32B-4-415 (Effective 07/01/11) - Unlawful bringing onto premises for consumption.
32B-4-415 (Effective 07/01/11). Unlawful bringing onto premises for consumption.
(1) Except as provided in Subsection (4), a person may not bring an alcoholic product foron-premise consumption onto the premises of:
(a) a retail licensee or person required to be licensed under this title as a retail licensee;
(b) an establishment that conducts a business similar to a retail licensee;
(c) an event where an alcoholic product is sold, offered for sale, or furnished under asingle event permit or temporary beer event permit issued under this title; or
(d) an establishment open to the general public.
(2) Except as provided in Subsection (4), the following may not allow a person to bringonto its premises an alcoholic product for on-premise consumption or allow consumption of analcoholic product brought onto its premises in violation of this section:
(a) a retail licensee or a person required to be licensed under this title as a retail licensee;
(b) an establishment that conducts a business similar to a retail licensee;
(c) a single event permittee or temporary beer event permittee;
(d) an establishment open to the general public; or
(e) staff of a person listed in Subsections (2)(a) through (d).
(3) Except as provided in Subsection (4)(c)(i)(A), a person may not consume analcoholic product in a limousine or chartered bus if the limousine or chartered bus drops off apassenger at a location from which the passenger departs in a private vehicle.
(4) (a) A person may bring bottled wine onto the premises of the following and consumethe wine pursuant to Subsection 32B-5-307:
(i) a full-service restaurant licensee;
(ii) a limited restaurant licensee;
(iii) a club licensee; or
(iv) a person operating under a resort spa sublicense.
(b) A passenger of a limousine may bring onto, possess, and consume an alcoholicproduct on the limousine if:
(i) the travel of the limousine begins and ends at:
(A) the residence of the passenger;
(B) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(C) the temporary domicile of the passenger; and
(ii) the driver of the limousine is separated from the passengers by partition or othermeans approved by the department.
(c) A passenger of a chartered bus may bring onto, possess, and consume an alcoholicproduct on the chartered bus:
(i) (A) but may consume only during travel to a specified destination of the chartered busand not during travel back to the place where the travel begins; or
(B) if the travel of the chartered bus begins and ends at:
(I) the residence of the passenger;
(II) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(III) the temporary domicile of the passenger; and
(ii) if the chartered bus has a nondrinking designee other than the driver traveling on thechartered bus to monitor consumption.
(5) A person may bring onto any premises, possess, and consume an alcoholic product ata private event.
(6) The restrictions of Subsections (2) and (3) apply to a resort licensee or personoperating under a sublicense in relationship to:
(a) the boundary of a resort building; or
(b) a sublicense premises.
Enacted by Chapter 276, 2010 General Session