32B-6-406 (Effective 07/01/11) - Specific operational requirements for a club license.
32B-6-406 (Effective 07/01/11). Specific operational requirements for a club license.
(1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee OperationalRequirements, a club licensee and staff of the club licensee shall comply with this section.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action inaccordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a club licensee;
(ii) individual staff of a club licensee; or
(iii) both a club licensee and staff of the club licensee.
(2) In addition to complying with Subsection 32B-5-301(3), a club licensee shall displayin a prominent place in the club licensed premises a list of the types and brand names of liquorbeing furnished through the club licensee's calibrated metered dispensing system.
(3) (a) In addition to complying with Section 32B-5-302, a club licensee shall maintainfor a minimum of three years:
(i) a record required by Section 32B-5-302; and
(ii) a record maintained or used by the club licensee, as the department requires.
(b) Section 32B-1-205 applies to a record required to be made, maintained, or used inaccordance with this Subsection (3).
(c) The department shall audit the records of a club licensee at least once annually.
(4) (a) A club licensee may not sell, offer for sale, or furnish liquor on the licensedpremises on any day during a period that:
(i) begins at 1 a.m.; and
(ii) ends at 9:59 a.m.
(b) A club licensee may sell, offer for sale, or furnish beer during the hours specified inPart 7, On-premise Beer Retailer License, for an on-premise beer retailer license.
(c) (i) Notwithstanding Subsections (4)(a) and (b), a club licensee shall keep its licensedpremises open for one hour after the club licensee ceases the sale and furnishing of an alcoholicproduct during which time a patron of the club licensee may finish consuming:
(A) a single drink containing spirituous liquor;
(B) a single serving of wine not exceeding five ounces;
(C) a single serving of heavy beer;
(D) a single serving of beer not exceeding 26 ounces; or
(E) a single serving of a flavored malt beverage.
(ii) A club licensee is not required to remain open:
(A) after all patrons have vacated the premises; or
(B) during an emergency.
(d) A club licensee may not allow a patron to remain on the licensed premises of the clublicensee to consume an alcoholic product on the licensed premises during a period that:
(i) begins at 2 a.m.; and
(ii) ends at 9:59 a.m.
(5) (a) A minor may not be admitted into, use, or be in:
(i) a lounge or bar area of the premises of:
(A) an equity club licensee;
(B) a fraternal club licensee; or
(C) a dining club licensee; or
(ii) the premises of:
(A) a dining club licensee unless accompanied by an individual who is 21 years of age orolder; or
(B) a social club licensee, except to the extent provided for under Section 32B-6-406.1.
(b) Notwithstanding Section 32B-5-308, a club licensee may not employ a minor to:
(i) work in a lounge or bar area of an equity club licensee, fraternal club licensee, ordining club licensee; or
(ii) handle an alcoholic product.
(c) Notwithstanding Section 32B-5-308, a minor may not be employed on the licensedpremises of a social club licensee.
(d) Nothing in this part or Section 32B-5-308 precludes a local authority from beingmore restrictive of a minor's admittance to, use of, or presence on the licensed premises of a clublicensee.
(6) A club licensee shall have food available at all times when an alcoholic product issold, offered for sale, furnished, or consumed on the licensed premises.
(7) (a) Subject to the other provisions of this Subsection (7), a patron may not have morethan two alcoholic products of any kind at a time before the patron.
(b) A patron may not have two spirituous liquor drinks before the club licensee patron ifone of the spirituous liquor drinks consists only of the primary spirituous liquor for the otherspirituous liquor drink.
(c) An individual portion of wine is considered to be one alcoholic product underSubsection (7)(a).
(8) A club licensee shall have available on the premises for a patron to review at the timethat the patron requests it, a written alcoholic product price list or a menu containing the price ofan alcoholic product sold, offered for sale, or furnished by the club licensee including:
(a) a set-up charge;
(b) a service charge; or
(c) a chilling fee.
(9) Subject to Section 32B-5-309, a club licensee may not temporarily rent or otherwisetemporarily lease its premises to a person unless:
(a) the person to whom the club licensee rents or leases the premises agrees in writing tocomply with this title as if the person is the club licensee, except for a requirement related tomaking or maintaining a record; and
(b) the club licensee takes reasonable steps to ensure that the person complies with thissection as provided in Subsection (9)(a).
(10) If a club licensee is an equity club licensee or fraternal club licensee, the clublicensee shall comply with Section 32B-6-407.
(11) If a club licensee is a dining club licensee or social club licensee, the club licenseeshall comply with Section 32B-1-407.
(12) (a) A club licensee shall own or lease premises suitable for the club licensee'sactivities.
(b) A club licensee may not maintain licensed premises in a manner that barricades orconceals the club licensee's operation.
Enacted by Chapter 276, 2010 General Session