32A-4-406 (Repealed 07/01/11) - Operational restrictions.
32A-4-406 (Repealed 07/01/11). Operational restrictions.
A person granted an on-premise banquet license and the employees and managementpersonnel of the on-premise banquet licensee shall comply with this title, the rules of thecommission, and the following conditions and requirements. Failure to comply may result in asuspension or revocation of the on-premise banquet license or other disciplinary action takenagainst individual employees or management personnel.
(1) A person involved in the sale or service of an alcoholic beverage under theon-premise banquet license shall:
(a) be under the supervision and direction of the on-premise banquet licensee; and
(b) complete the seminar provided for in Section 62A-15-401.
(2) (a) Liquor may not be purchased by an on-premise banquet licensee except from astate store or package agency.
(b) Liquor purchased from a state store or package agency may be transported by theon-premise banquet licensee from the place of purchase to the licensed premises.
(c) Payment for liquor shall be made in accordance with rules established by thecommission.
(3) An alcoholic beverage may be sold or provided at a banquet by an on-premise banquetlicensee subject to the restrictions set forth in this Subsection (3).
(a) An on-premise banquet licensee may sell or provide a primary spirituous liquor onlyin a quantity not to exceed 1.5 ounces per beverage dispensed through a calibrated metereddispensing system approved by the department in accordance with commission rules adoptedunder this title, except that:
(i) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used as a secondary flavoring ingredient in a beverage subject to the followingrestrictions:
(A) the secondary ingredient may be dispensed only in conjunction with the purchase ofa primary spirituous liquor;
(B) the secondary ingredient may not be the only spirituous liquor in the beverage;
(C) the on-premise banquet licensee shall designate a location where flavorings arestored on the floor plan provided to the department; and
(D) a flavoring container shall be plainly and conspicuously labeled "flavorings";
(ii) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used:
(A) as a flavoring on a dessert; and
(B) in the preparation of a flaming food dish, drink, or dessert;
(iii) an attendee may have no more than 2.5 ounces of spirituous liquor at a time beforethe attendee; and
(iv) an attendee may have no more than one spirituous liquor drink at a time before theattendee.
(b) (i) (A) Wine may be sold and served by the glass or an individual portion not toexceed five ounces per glass or individual portion.
(B) An individual portion may be served to an attendee in more than one glass as long asthe total amount of wine does not exceed five ounces.
(C) An individual portion of wine is considered to be one alcoholic beverage underSubsection (5)(c).
(ii) Wine may be sold and served in a container not exceeding 1.5 liters at a price fixedby the commission.
(iii) A wine service may be performed and a service charge assessed by the on-premisebanquet licensee as authorized by commission rule for wine purchased on the banquet premises.
(c) (i) Heavy beer may be served in an original container not exceeding one liter at aprice fixed by the commission.
(ii) A flavored malt beverage may be served in an original container not exceeding oneliter at a price fixed by the commission.
(iii) A service charge may be assessed by the on-premise banquet licensee as authorizedby commission rule for heavy beer or a flavored malt beverage purchased on the banquetpremises.
(d) (i) Except as provided in Subsection (3)(d)(ii), beer may be sold and served foron-premise consumption:
(A) in an open container; and
(B) on draft.
(ii) Beer sold pursuant to Subsection (3)(d)(i) shall be in a size of container that does notexceed two liters, except that beer may not be sold to an individual attendee in a container sizethat exceeds one liter.
(4) An alcoholic beverage may not be stored, served, or sold in any place other than asdesignated in the on-premise banquet licensee's application, except that additional locations in oron the premises of an on-premise banquet licensee may be approved in accordance withguidelines approved by the commission as provided in Subsection 32A-4-402(2).
(5) (a) An attendee may only make an alcoholic beverage purchase from and be servedby a person employed, designated, and trained by the on-premise banquet licensee to sell andserve an alcoholic beverage.
(b) Notwithstanding Subsection (5)(a), an attendee who purchases bottled wine from anemployee of the on-premise banquet licensee may thereafter serve wine from the bottle to theattendee or others at the attendee's table.
(c) An attendee may have no more than two alcoholic beverages of any kind at a timebefore the attendee, subject to the limitation of Subsection (3)(a)(iv).
(6) The alcoholic beverage storage area shall remain locked at all times other than thosehours and days when alcoholic beverage sales are authorized by law.
(7) An alcoholic beverage may be offered for sale, sold, served, or otherwise furnished byan on-premise banquet licensee from 10 a.m. to 1 a.m. seven days a week:
(a) at a banquet; or
(b) in connection with room service.
(8) An alcoholic beverage may not be sold, served, or otherwise furnished to a:
(a) minor;
(b) person actually, apparently, or obviously intoxicated;
(c) known habitual drunkard; or
(d) known interdicted person.
(9) (a) (i) Liquor may be sold only at a price fixed by the commission.
(ii) Liquor may not be sold at a discount price on any date or at any time.
(b) An alcoholic beverage may not be sold at less than the cost of the alcoholic beverageto the on-premise banquet licensee.
(c) An alcoholic beverage may not be sold at a special or reduced price that encouragesover consumption or intoxication.
(d) An alcoholic beverage may not be sold at a special or reduced price for only certainhours of the on-premise banquet licensee's business day such as a "happy hour."
(e) More than one alcoholic beverage may not be sold or served for the price of a singlealcoholic beverage.
(f) An on-premise banquet licensee may not engage in a public promotion involving oroffering free alcoholic beverages to the general public.
(10) An alcoholic beverage may not be purchased for an attendee by:
(a) the on-premise banquet licensee; or
(b) an employee or agent of the on-premise banquet licensee.
(11) An attendee of a banquet may not bring an alcoholic beverage into or onto, orremove an alcoholic beverage from the premises of a banquet.
(12) (a) Except as otherwise provided in this title, the sale and service of an alcoholicbeverage by an on-premise banquet licensee at a banquet shall be made only for consumption atthe location of the banquet.
(b) The host of a banquet, an attendee, or a person other than the on-premise banquetlicensee or an employee of the on-premise banquet licensee, may not remove an alcoholicbeverage from the premises of the banquet.
(13) An on-premise banquet licensee employee shall remain at the banquet at all timeswhen an alcoholic beverage is sold, served, or consumed at the banquet.
(14) (a) An on-premise banquet licensee may not leave an unsold alcoholic beverage atthe banquet following the conclusion of the banquet.
(b) At the conclusion of a banquet, the on-premise banquet licensee or an employee ofthe on-premise banquet licensee, shall:
(i) destroy an opened and unused alcoholic beverage that is not saleable, underconditions established by the department; and
(ii) return to the on-premise banquet licensee's approved locked storage area any:
(A) opened and unused alcoholic beverage that is saleable; and
(B) unopened container of an alcoholic beverage.
(15) Except as provided in Subsection (14), an open or sealed container of an alcoholicbeverage not sold or consumed at a banquet:
(a) shall be stored by the on-premise banquet licensee in the on-premise banquetlicensee's approved locked storage area; and
(b) may be used at more than one banquet.
(16) An on-premise banquet licensee may not employ a minor to sell, serve, dispense, orotherwise furnish an alcoholic beverage in connection with the on-premise banquet licensee'sbanquet and room service activities.
(17) An employee of an on-premise banquet licensee, while on duty, may not:
(a) consume an alcoholic beverage; or
(b) be intoxicated.
(18) An on-premise banquet licensee shall prominently display at a banquet at which analcoholic beverage is sold or served:
(a) a copy of the licensee's on-premise banquet license; and
(b) a sign in large letters stating: "Warning: Driving under the influence of alcohol or
drugs is a serious crime that is prosecuted aggressively in Utah."
(19) An on-premise banquet licensee may not on the premises of the hotel, resort facility,sports center, or convention center:
(a) engage in or permit any form of gambling, as defined and proscribed in Title 76,Chapter 10, Part 11, Gambling;
(b) have any video gaming device, as defined and proscribed by Title 76, Chapter 10,Part 11, Gambling; or
(c) engage in or permit a contest, game, gaming scheme, or gaming device that requiresthe risking of something of value for a return or for an outcome when the return or outcome isbased upon an element of chance, excluding the playing of an amusement device that confersonly an immediate and unrecorded right of replay not exchangeable for value.
(20) (a) An on-premise banquet licensee shall maintain accounting and such otherrecords and documents as the commission or department may require.
(b) An on-premise banquet licensee or person acting for the on-premise banquet licensee,who knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes an entry in a bookof account or other document of the on-premise banquet licensee required to be made,maintained, or preserved by this title or the rules of the commission for the purpose of deceivingthe commission, the department, or an official or employee of the commission or department, issubject to:
(i) the suspension or revocation of the on-premise banquet license; and
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
(21) (a) For the purpose described in Subsection (21)(b), an on-premise banquet licenseeshall provide the department with advance notice of a scheduled banquet in accordance withrules made by the commission in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act.
(b) The advance notice required by Subsection (21)(a) is required to provide any of thefollowing the opportunity to conduct a random inspection of a banquet:
(i) an authorized representative of the commission or the department; or
(ii) a law enforcement officer.
(22) 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 beverage; and
(b) a charge in connection with the service of an alcoholic beverage.
(23) A person may not transfer an on-premise banquet license from one business locationto another without prior written approval of the commission.
(24) (a) An on-premise banquet licensee may not sell, transfer, assign, exchange, barter,give, or attempt in any way to dispose of the license to another person, whether for monetary gainor not.
(b) An on-premise banquet license has no monetary value for the purpose of any type ofdisposition.
(25) (a) Room service of an alcoholic beverage to a guest room of a hotel or resortfacility shall be provided in person by an on-premise banquet licensee employee only to an adultguest in the guest room.
(b) An alcoholic beverage may not be left outside a guest room for retrieval by a guest.
(c) An on-premise banquet licensee may only provide an alcoholic beverage for room
service in a sealed container.
(26) An on-premise banquet licensee or an employee of the on-premise banquet licenseemay not knowingly allow a person on a banquet location of a hotel, resort facility, sports center,or convention center to, in violation of Title 58, Chapter 37, Utah Controlled Substances Act, orChapter 37a, Utah Drug Paraphernalia Act:
(a) sell, distribute, possess, or use a controlled substance, as defined in Section 58-37-2;or
(b) use, deliver, or possess with the intent to deliver drug paraphernalia, as defined inSection 58-37a-3.
Amended by Chapter 266, 2008 General Session
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 382, 2008 General Session
Amended by Chapter 391, 2008 General Session