32B-8-401 (Effective 07/01/11) - Specific operational requirements for resort license.
32B-8-401 (Effective 07/01/11). Specific operational requirements for resort license.
(1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee OperationalRequirements, a resort licensee, staff of the resort licensee, and a person otherwise operatingunder a sublicense shall comply with this section.
(b) Subject to Section 32B-8-502, failure to comply as provided in Subsection (1)(a) mayresult in disciplinary action in accordance with Chapter 3, Disciplinary Actions and EnforcementAct, against:
(i) a resort licensee;
(ii) individual staff of a resort licensee;
(iii) a person otherwise operating under a sublicense;
(iv) individual staff of a person otherwise operating under a sublicense; or
(v) any combination of the persons listed in this Subsection (1)(b).
(2) (a) A resort licensee may not sell, offer for sale, or furnish an alcoholic productexcept:
(i) on a sublicense premises;
(ii) pursuant to a permit issued under this title; or
(iii) under a package agency agreement with the department, subject to Chapter 2, Part 6,Package Agency.
(b) A resort licensee who sells, offers for sale, or furnishes an alcoholic product asprovided in Subsection (2)(a), shall sell, offer for sale, or furnish the alcoholic product:
(i) if on a sublicense premises, in accordance with the operational requirements under theprovisions applicable to the sublicense, except as provided in Section 32B-8-402;
(ii) if under a permit issued under this title, in accordance with the operationalrequirements under the provisions applicable to the permit; and
(iii) if as a package agency, in accordance with the contract with the department andChapter 2, Part 6, Package Agency.
(3) A resort licensee shall comply with Subsections 32B-5-301(4) and (5) within theboundary of the resort building.
(4) (a) Subject to Subsection (4)(b), a resort licensee shall operate in a manner so that atleast 70% of the annual aggregate of the gross receipts related to the sale of food or beverages forthe resort license and each of its sublicenses is from the sale of food, not including:
(i) mix for an alcoholic product; and
(ii) a charge in connection with the service of an alcoholic product.
(b) In calculating the annual aggregate of the gross receipts described in Subsection(4)(a), a resort licensee is not required to include in the calculation money from the sale of abottle of wine by the resort licensee or under a sublicense in excess of $250.
(5) (a) A resort licensee shall supervise and direct a person involved in the sale, offer forsale, or furnishing of an alcoholic product under a resort license.
(b) A person involved in the sale, offer for sale, or furnishing of an alcoholic productunder a resort license shall complete the alcohol training and education seminar.
(6) (a) Room service of an alcoholic product to a lodging accommodation of a resortlicensee shall be provided in person by staff of a resort licensee only to an adult occupant in thelodging accommodation.
(b) An alcoholic product may not be left outside a lodging accommodation for retrievalby an occupant.
(c) A resort licensee may only provide an alcoholic product for room service in a sealedpackage.
Enacted by Chapter 276, 2010 General Session