32B-4-422 (Effective 07/01/11) - Unlawful dispensing.
32B-4-422 (Effective 07/01/11). Unlawful dispensing.
(1) For purposes of this section:
(a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
(b) "Primary spirituous liquor" does not include a secondary alcoholic product used as aflavoring in conjunction with the primary distilled spirit in a beverage.
(2) A retail licensee licensed under this title to sell, offer for sale, or furnish spirituousliquor for consumption on the licensed premises, or staff of the retail licensee may not:
(a) sell, offer for sale, or furnish a primary spirituous liquor to a person on the licensedpremises except in a quantity that does not exceed 1.5 ounces per beverage dispensed through acalibrated metered dispensing system approved by the department;
(b) sell, offer for sale, or furnish more than a total of 2.5 ounces of spirituous liquor perbeverage;
(c) allow a person on the licensed premises to have more than a total of 2.5 ounces ofspirituous liquor at a time; or
(d) (i) except as provided in Subsection (2)(d)(ii), allow a person to have more than twospirituous liquor beverages at a time; or
(ii) allow a person on the premises of the following to have more than one spirituousliquor beverage at a time:
(A) a full-service restaurant licensee;
(B) a person operating under a full-service restaurant sublicense;
(C) an on-premise banquet licensee;
(D) a person operating under an on-premise banquet license; or
(E) a single event permittee.
(3) A violation of this section is a class C misdemeanor.
Enacted by Chapter 276, 2010 General Session