32A-4a-305 (Repealed 07/01/11) - Operational restrictions.
32A-4a-305 (Repealed 07/01/11). Operational restrictions.
(1) (a) A person granted a resort license and the employees and management personnel ofthe resort licensee or otherwise related to a resort spa sublicense shall comply with this title, therules of the commission, and the conditions and requirements in this section in the operation ofthe resort spa.
(b) Subject to Section 32A-4a-502, failure to comply with this section may result in asuspension or revocation of the resort license or resort spa sublicense, or other disciplinary actiontaken against individual employees or management personnel.
(2) Subject to the other provisions of this section, a person operating under a resort spasublicense may not sell an alcoholic beverage to or allow a person to be admitted to or use theresort spa sublicense premises other than:
(a) a resident;
(b) a public customer who holds a valid customer card issued under Subsection (4); or
(c) an invitee.
(3) A person operating under a resort spa sublicense may allow an individual to beadmitted to or use the resort spa sublicense premises as an invitee subject to the followingconditions:
(a) the individual must be previously authorized by one of the following who agrees tohost the individual as an invitee into the resort spa:
(i) a resident; or
(ii) a public customer who holds a valid customer card issued under Subsection (4);
(b) the individual has only those privileges derived from the individual's host for theduration of the invitee's visit to the resort spa; and
(c) a resort licensee, resort spa, or an employee of the resort licensee or resort spa maynot enter into an agreement or arrangement with a resident or public customer to indiscriminatelyhost a member of the general public into the resort spa as an invitee.
(4) A person operating under a resort spa sublicense may issue a customer card to allowan individual to enter and use the resort spa sublicense premises on a temporary basis under thefollowing conditions:
(a) the resort spa may not issue a customer card for a time period that exceeds threeweeks;
(b) the resort spa shall assess a fee to a public customer for a customer card;
(c) the resort spa may not issue a customer card to a minor; and
(d) a public customer may not host more than seven invitees at one time.
(5) (a) For purposes of the resort spa sublicense, the resort licensee shall ensure that anexpense ledger or record is maintained showing in detail:
(i) quarterly expenditures for the resort spa separated by payments for:
(A) malt or brewed beverage;
(B) liquor;
(C) food;
(D) set-ups; and
(E) any other item required by the department; and
(ii) sales made separately for:
(A) malt or brewed beverages;
(B) liquor;
(C) food;
(D) set-ups; and
(E) any other item required by the department.
(b) For purposes of the resort spa sublicense, the resort licensee shall ensure that a recordrequired by this Subsection (5) is kept:
(i) in a form approved by the department; and
(ii) current for each three-month period.
(c) An expenditure under resort spa sublicense shall be supported by:
(i) a delivery ticket;
(ii) an invoice;
(iii) a receipted bill;
(iv) a canceled check;
(v) a petty cash voucher; or
(vi) other sustaining datum or memorandum.
(d) In addition to a ledger or record required by Subsection (5)(a), for purposes of theresort spa sublicense, a resort licensee shall ensure that accounting and other records anddocuments as the department may require are maintained.
(e) A resort licensee or an employee acting for the resort licensee or under a resort spasublicense, who knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes anentry in a book of account or other document for a resort spa sublicense 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 resort spa sublicense; and
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
(f) (i) For purposes of the resort spa sublicense, the resort licensee shall ensure that arecord required by this section is kept and maintained, and a book, record, receipt, ordisbursement is maintained or used for the resort spa sublicense:
(A) as the department requires; and
(B) for a minimum period of three years.
(ii) A record, book, receipt, or disbursement is subject to inspection by an authorizedrepresentative of the commission and the department.
(iii) A resort licensee shall allow the department, through an auditor or examiner of thedepartment, to audit the records for a resort spa sublicense at the times the department considersadvisable.
(iv) The department shall audit the records for a resort spa sublicense at least onceannually.
(6) A resort licensee shall own or lease premises suitable for the resort spa's activities.
(7) (a) A resort licensee may not maintain a premises in a manner that barricades orconceals the resort spa sublicense's operation.
(b) A member of the commission, authorized department personnel, or a peace officershall, upon presentation of credentials, be admitted immediately to a resort spa sublicensepremises and permitted without hindrance or delay to inspect completely the entire resort spasublicense premises and the books and records for the resort spa sublicense, at any time duringwhich the resort spa sublicense is open for the transaction of business with a resident.
(8) A resort spa must have food available at all times when an alcoholic beverage is sold,served, or consumed on the resort spa sublicense premises.
(9) (a) Liquor may not be purchased for a resort spa sublicense except from a state storeor package agency.
(b) Liquor purchased from a state store or package agency may be transported by theresort licensee from the place of purchase to the resort spa sublicense premises.
(c) Payment for liquor shall be made in accordance with rules established by thecommission.
(10) A person operating under a resort spa sublicense may sell or provide a primaryspirituous liquor only in a quantity not to exceed 1.5 ounces per beverage dispensed through acalibrated metered dispensing system approved by the department in accordance withcommission rules adopted under this title, except that:
(a) 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:
(i) the secondary ingredient may be dispensed only in conjunction with the purchase of aprimary spirituous liquor;
(ii) the secondary ingredient may not be the only spirituous liquor in the beverage;
(iii) the resort licensee shall designate a location where flavorings are stored on the floorplan provided to the department; and
(iv) a flavoring container shall be plainly and conspicuously labeled "flavorings";
(b) spirituous liquor need not be dispensed through a calibrated metered dispensingsystem if used:
(i) as a flavoring on a dessert; and
(ii) in the preparation of a flaming food dish, drink, or dessert; and
(c) a person at a resort spa may have no more than:
(i) 2.5 ounces of spirituous liquor at a time before the person; or
(ii) two spirituous liquor drinks at a time before a resort spa patron, except that the resortspa patron may not have two spirituous liquor drinks before the resort spa patron if one of thespirituous liquor drinks consists only of the primary spirituous liquor for the other spirituousliquor drink.
(11) (a) (i) Wine may be sold and served by the glass or an individual portion not toexceed five ounces per glass or individual portion.
(ii) An individual portion may be served to a person in more than one glass as long as thetotal amount of wine does not exceed five ounces.
(iii) An individual portion of wine is considered to be one alcoholic beverage underSubsection (15)(c).
(b) (i) Wine may be sold and served in a container not exceeding 1.5 liters at a pricefixed by the commission to a table of four or more persons.
(ii) Wine may be sold and served in a container not exceeding 750 milliliters at a pricefixed by the commission to a table of less than four persons.
(c) A wine service may be performed and a service charge assessed by a resort spa asauthorized by commission rule for wine purchased at the resort spa.
(12) (a) Heavy beer may be served in an original container not exceeding one liter at aprice fixed by the commission.
(b) A flavored malt beverage may be served in an original container not exceeding oneliter at a price fixed by the commission.
(c) A service charge may be assessed by the resort spa for heavy beer or a flavored maltbeverage purchased at the resort spa.
(13) (a) (i) Subject to Subsection (13)(a)(ii), a person operating under a resort spasublicense may sell beer for on-premise consumption:
(A) in an open container; and
(B) on draft.
(ii) Beer sold pursuant to Subsection (13)(a)(i) shall be in a size of container that doesnot exceed two liters, except that beer may not be sold to an individual in a size of container thatexceeds one liter.
(b) (i) A person operating under a resort spa sublicense who sells beer pursuant toSubsection (13)(a):
(A) may do so without obtaining a separate on-premise beer retailer license from thecommission; and
(B) shall comply with all appropriate operational restrictions under Chapter 10, BeerRetailer Licenses, that apply to an on-premise beer retailer except when those restrictions areinconsistent with or less restrictive than the operational restrictions under this part.
(ii) Failure to comply with the operational restrictions under Chapter 10, Beer RetailerLicenses, required by Subsection (13)(b)(i), may result in a suspension or revocation of:
(A) the resort spa sublicense; and
(B) an alcoholic beverage license issued by a local authority.
(14) An alcoholic beverage may not be stored, served, or sold in a place other than asdesignated in the resort licensee's application, unless the resort licensee first applies for andreceives approval from the department for a change of location within the resort spa.
(15) (a) A person may only make an alcoholic beverage purchase in the resort spa fromand be served by a person employed, designated, and trained by the resort licensee or an agent ofthe resort license to sell, dispense, and serve an alcoholic beverage.
(b) Notwithstanding Subsection (15)(a), a person who purchases bottled wine from anemployee described in Subsection (15)(a) or carries bottled wine onto the resort spa sublicensepremises pursuant to Subsection (22) may thereafter serve wine from the bottle to the person orothers at the person's table.
(c) An individual furnished an alcoholic beverage at a resort spa may have no more thantwo alcoholic beverages of any kind at a time before the individual, subject to the limitation ofSubsection (10)(c)(ii).
(16) The liquor storage area shall remain locked at all times other than those hours anddays when liquor sales and service are authorized by law.
(17) (a) An alcoholic beverage may only be consumed at a table or counter.
(b) An alcoholic beverage may not be served to or consumed by a person at a bar.
(18) (a) Liquor may not be sold, offered for sale, served, or otherwise furnished at aresort spa after 1 a.m. or before 10 a.m.
(b) The hours of beer sales and service are those specified in Chapter 10, Beer RetailerLicenses, for on-premise beer licenses.
(c) (i) Notwithstanding Subsections (18)(a) and (b), a resort spa shall remain open forone hour after the resort spa ceases the sale and service of an alcoholic beverage during which
time a person at the resort spa 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 resort spa is not required to remain open:
(A) after all persons have vacated the resort spa sublicense premises; or
(B) during an emergency.
(d) Between the hours of 2 a.m. and 10 a.m. a person operating under a resort spasublicense may not allow a person to remain on the resort spa sublicense premises to consume analcoholic beverage on the resort spa sublicense premises.
(19) 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.
(20) (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 beveragefor the resort spa sublicense.
(c) An alcoholic beverage may not be sold at a special or reduced price that encouragesover consumption or intoxication.
(d) The price of a single serving of a primary spirituous liquor shall be the same whetherserved as a single drink or in conjunction with another alcoholic beverage.
(e) An alcoholic beverage may not be sold at a special or reduced price for only certainhours of the resort spa's business day such as a "happy hour."
(f) More than one alcoholic beverage may not be sold or served for the price of a singlealcoholic beverage.
(g) An indefinite or unlimited number of alcoholic beverages may not be sold or servedduring a set period for a fixed price.
(h) A person operating under a resort spa sublicense may not engage in a promotioninvolving or offering a free alcoholic beverage to a person at the resort spa.
(21) An alcoholic beverage may not be purchased for a person at the resort spa by:
(a) the resort licensee; or
(b) an employee or agent of the resort licensee or resort spa.
(22) (a) A person may not bring onto the resort spa sublicense premises an alcoholicbeverage for on-premise consumption, except that a person may bring, subject to the discretion ofthe resort licensee, bottled wine onto the resort spa sublicense premises for on-premiseconsumption.
(b) Except as provided in Subsection (22)(a), a person operating under a resort spasublicense including an officer, manager, employee, or agent of a resort spa or resort licenseemay not allow a person to bring onto the resort spa sublicense premises an alcoholic beverage forconsumption on the resort spa license premises.
(c) If bottled wine is carried in by a person, the person shall deliver the wine to a server
or other representative of the resort spa upon entering the resort spa.
(d) A wine service may be performed and a service charge assessed by the resort spa asauthorized by commission rule for wine carried in by a person.
(23) (a) Except as provided in Subsection (23)(b), a person operating under a resort spasublicense or an employee of that person may not permit a person to carry from the resort spasublicense premises an open container that:
(i) is used primarily for drinking purposes; and
(ii) contains an alcoholic beverage.
(b) A person may remove the unconsumed contents of a bottle of wine, if beforeremoval, the bottle is recorked or recapped.
(24) (a) A minor may not be admitted into, use, or be on:
(i) the sublicense premises of a resort spa unless accompanied by a person 21 years ofage or older; or
(ii) a lounge or bar area, as defined by commission rule, of the resort spa sublicensepremises.
(b) (i) Except as provided in Subsection (24)(b)(ii), a resort licensee or a personoperating under a resort spa sublicense may not employ a minor to:
(A) sell, dispense, or handle an alcoholic beverage; or
(B) work in a lounge or bar area of the resort spa sublicense premises.
(ii) A resort licensee or a person operating under a resort spa sublicense may employ aminor who is at least 16 years of age to enter the sale at a cash register or other sales recordingdevice, except that a minor may not work in a lounge or bar area of the resort spa sublicensepremises.
(25) An employee for a resort spa, while on duty, may not:
(a) consume an alcoholic beverage; or
(b) be intoxicated.
(26) (a) A person operating under a resort spa sublicense shall have available on theresort spa sublicense premises for a person to review at the time that the customer requests it, awritten alcoholic beverage price list or a menu containing the price of an alcoholic beverage soldor served by the resort spa including:
(i) a set-up charge;
(ii) a service charge; or
(iii) a chilling fee.
(b) A charge or fee made in connection with the sale, service, or consumption of liquormay be stated in food or alcoholic beverage menus including:
(i) a set-up charge;
(ii) a service charge; or
(iii) a chilling fee.
(27) For purposes of the resort spa sublicense, the resort licensee shall ensure that thefollowing are displayed in a prominent place in the resort spa:
(a) the resort spa sublicense that is issued by the department;
(b) a list of the types and brand names of liquor being served through its calibratedmetered dispensing system; and
(c) a sign in large letters stating: "Warning: Driving under the influence of alcohol ordrugs is a serious crime that is prosecuted aggressively in Utah."
(28) A person operating under a resort spa sublicense may not on the resort spasublicense premises:
(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 in Title 76, Chapter 10, Part11, 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.
(29) A resort spa sublicense may not be transferred from one location to another location,without prior written approval of the commission.
(30) (a) A resort licensee, may not sell, transfer, assign, exchange, barter, give, or attemptin any way to dispose of the resort spa sublicense to another person, whether for monetary gain ornot.
(b) A resort spa sublicense has no monetary value for the purpose of any type ofdisposition.
(31) A person operating under a resort spa sublicense or an employee of that person maynot knowingly allow a person on the resort spa sublicense premises to, in violation of Title 58,Chapter 37, Utah Controlled Substances Act, or Chapter 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.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session