32B-6-605 (Effective 07/01/11) - Specific operational requirements for on-premise banquet license.
32B-6-605 (Effective 07/01/11). Specific operational requirements for on-premisebanquet license.
(1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee OperationalRequirements, an on-premise banquet licensee and staff of the on-premise banquet licensee shallcomply 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) an on-premise banquet licensee;
(ii) individual staff of an on-premise banquet licensee; or
(iii) both an on-premise banquet licensee and staff of the on-premise banquet licensee.
(2) An on-premise banquet licensee shall comply with Subsections 32B-5-301(4) and (5)for the entire premises of the hotel, resort facility, sports center, or convention center that is thebasis for the on-premise banquet license.
(3) (a) For the purpose described in Subsection (3)(b), an on-premise banquet licenseeshall provide the department with advance notice of a scheduled banquet in accordance withrules made by the commission.
(b) Any of the following may conduct a random inspection of a banquet:
(i) an authorized representative of the commission or the department; or
(ii) a law enforcement officer.
(4) (a) An on-premise banquet licensee is not subject to Section 32B-5-302, but shallmake and maintain the records the commission or department requires.
(b) Section 32B-1-205 applies to a record required to be made or maintained inaccordance with this Subsection (4).
(5) (a) Except as otherwise provided in this title, an on-premise banquet licensee maysell, offer for sale, or furnish an alcoholic product at a banquet only for consumption at thelocation of the banquet.
(b) A host of a banquet, a patron, or a person other than the on-premise banquet licenseeor staff of the on-premise banquet licensee, may not remove an alcoholic product from thepremises of the banquet.
(c) Notwithstanding Section 32B-5-307, a patron at a banquet may not bring an alcoholicproduct into or onto, or remove an alcoholic product from the premises of a banquet.
(6) (a) An on-premise banquet licensee may not leave an unsold alcoholic product at thebanquet following the conclusion of the banquet.
(b) At the conclusion of a banquet, an on-premise banquet licensee shall:
(i) destroy an opened and unused alcoholic product that is not saleable, under conditionsestablished by the department; and
(ii) return to the on-premise banquet licensee's approved locked storage area any:
(A) opened and unused alcoholic product that is saleable; and
(B) unopened package of an alcoholic product.
(c) Except as provided in Subsection (6)(b) with regard to an open or sealed package ofan alcoholic product not sold or consumed at a banquet, an on-premise banquet licensee:
(i) shall store the alcoholic product in the on-premise banquet licensee's approved lockedstorage area; and
(ii) may use the alcoholic product at more than one banquet.
(7) Notwithstanding Section 32B-5-308, an on-premise banquet licensee may not employ
a minor to sell, furnish, or dispense an alcoholic product in connection with the on-premisebanquet licensee's banquet and room service activities.
(8) An on-premise banquet licensee may not sell, offer for sale, or furnish an alcoholicproduct at a banquet or in connection with room service any day during a period that:
(a) begins at 1 a.m.; and
(b) ends at 9:59 a.m.
(9) An on-premise banquet licensee shall maintain at least 50% of its total annualbanquet gross receipts from the sale of food, not including:
(a) mix for an alcoholic product; and
(b) a charge in connection with the furnishing of an alcoholic product.
(10) (a) Subject to the other provisions of this Subsection (10), a patron may not havemore than two alcoholic products of any kind at a time before the patron.
(b) A patron may not have more than one spirituous liquor drink at a time before thepatron.
(c) An individual portion of wine is considered to be one alcoholic product underSubsection (10)(a).
(11) (a) An on-premise banquet licensee shall supervise and direct a person involved inthe sale, offer for sale, or furnishing of an alcoholic product.
(b) A person involved in the sale, offer for sale, or furnishing of an alcoholic productshall complete an alcohol training and education seminar.
(12) A staff person of an on-premise banquet licensee shall remain at the banquet at alltimes when an alcoholic product is sold, offered for sale, furnished, or consumed at the banquet.
(13) (a) Room service of an alcoholic product to a guest room of a hotel or resort facilityshall be provided in person by staff of an on-premise banquet licensee only to an adult guest inthe guest room.
(b) An alcoholic product may not be left outside a guest room for retrieval by a guest.
(c) An on-premise banquet licensee may only provide an alcoholic product for roomservice in a sealed package.
Enacted by Chapter 276, 2010 General Session