32B-6-603 (Effective 07/01/11) - Commission's power to issue on-premise banquet license -- Contracts as host.
32B-6-603 (Effective 07/01/11). Commission's power to issue on-premise banquetlicense -- Contracts as host.
(1) (a) Before a person may store, sell, offer for sale, furnish, or allow the consumptionof an alcoholic product in connection with the person's banquet and room service activities at oneof the following, the person shall first obtain an on-premise banquet license in accordance withthis part:
(i) a hotel;
(ii) a resort facility;
(iii) a sports center; or
(iv) a convention center.
(b) This part does not prohibit an alcoholic product on the premises of a person listed inSubsection (1)(a) to the extent otherwise permitted by this title.
(c) This section does not prohibit a person who applies for an on-premise banquet licenseto also apply for a package agency if otherwise qualified.
(2) The commission may issue an on-premise banquet license to establish on-premisebanquet licensees in the numbers the commission considers proper for the storage, sale, offer forsale, furnishing, and consumption of an alcoholic product at a banquet or as part of room serviceactivities operated by an on-premise banquet licensee.
(3) The commission may not issue a total number of on-premise banquet licenses that atany time exceed the number determined by dividing the population of the state by 30,000.
(4) (a) As used in this Subsection (4), "grandfathered facility" means a facility:
(i) for which the commission issued an on-premise banquet license that is in effect onMay 11, 2009, on the basis that the facility is a convention center; and
(ii) that no longer qualifies as a convention center as defined in Section 32B-1-102 solelybecause it is in total less than 30,000 square feet.
(b) Notwithstanding the definition of "convention center" in Section 32B-1-102, anon-premise banquet license applicable to a grandfathered facility may be renewed until October31, 2011, if the on-premise banquet licensee is qualified for an on-premise banquet licenseexcept for the requirement that the facility be in total at least 30,000 square feet.
(5) Pursuant to a contract between the host of a banquet and an on-premise banquetlicensee:
(a) the host of the banquet may request an on-premise banquet licensee to provide analcoholic product served at the banquet; and
(b) an on-premise banquet licensee may provide an alcoholic product served at thebanquet.
(6) At a banquet, an on-premise banquet licensee may furnish an alcoholic product:
(a) without charge; or
(b) with a charge to a patron at the banquet.
Enacted by Chapter 276, 2010 General Session