32A-4a-401 (Repealed 07/01/11) - Operational restrictions for resort license.
32A-4a-401 (Repealed 07/01/11). Operational restrictions for resort license.
(1) (a) A person granted a resort license and the employees and management personnel ofthe resort licensee including those operating under a sublicense shall comply with this title, therules of the commission, and the conditions and requirements in this section.
(b) Subject to Section 32A-4a-502, failure to comply with this section may result in asuspension or revocation of the resort license or a sublicense, or other disciplinary action takenagainst individual employees or management personnel.
(2) (a) A resort licensee may not offer for sale, sell, serve, or otherwise furnish analcoholic beverage except:
(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 3,Package Agencies.
(b) A resort licensee who offers for sale, sells, serves, or otherwise furnishes an alcoholicbeverage as provided in Subsection (2)(a), shall offer for sale, sell, or furnish the alcoholicbeverage:
(i) if on a sublicense premises, in accordance with the operational requirements under theprovisions applicable to the sublicense, except as provided in Section 32A-4a-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 3, Package Agencies.
(3) A person involved in the sale or service of an alcoholic beverage under a resortlicense shall:
(a) be under the supervision and direction of the resort licensee; and
(b) complete the seminar provided for in Section 62A-15-401.
(4) (a) A resort licensee may not purchase liquor except from a state store or packageagency.
(b) Liquor purchased by a resort licensee in accordance with this Subsection (4) may betransported by the resort licensee from the place of purchase to the boundary of the resortbuilding.
(c) A resort licensee shall pay for liquor in accordance with rules made by thecommission.
(5) An alcoholic beverage may not be stored, served, or sold in a place other than asdesignated in the resort licensee's application, except that an additional location in the boundaryof the resort building may be approved in accordance with guidelines approved by thecommission.
(6) An alcoholic beverage storage area on the boundary of the resort building shallremain locked at all times other than those hours and days when alcoholic beverage sales areauthorized by law.
(7) A resort licensee may not engage in a public promotion involving or offering a freealcoholic beverage to the general public.
(8) A resort licensee may not on the boundary of the resort building:
(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.
(9) (a) A resort licensee shall maintain accounting and such other records and documentsas the commission or department may require.
(b) A resort licensee or person acting for the resort licensee, who knowingly forges,falsifies, alters, cancels, destroys, conceals, or removes an entry in a book of account or otherdocument of the resort licensee required to be made, maintained, or preserved by this title or therules of the commission for the purpose of deceiving the commission, the department, or anofficial or employee of the commission or department, is subject to:
(i) the suspension or revocation of the resort license; and
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
(10) (a) Subject to Subsection (10)(b), a resort license 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 beverage; and
(ii) a charge in connection with the service of an alcoholic beverage.
(b) In calculating the annual aggregate of the gross receipts described in Subsection(10)(a), a resort licensee is not required to include in the calculation monies from the sale of abottle of wine by the retail licensee or under a sublicense in excess of $250.
(11) (a) Room service of an alcoholic beverage to a lodging accommodation of a resortlicensee shall be provided in person by a resort licensee employee only to an adult occupant inthe lodging accommodation.
(b) An alcoholic beverage may not be left outside a lodging accommodation for retrievalby an occupant.
(c) A resort licensee may only provide an alcoholic beverage for room service in a sealedcontainer.
(12) A resort licensee or an employee of the resort licensee may not knowingly allow aperson on the boundary of the resort building to, in violation of Title 58, Chapter 37, UtahControlled 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.
(13) A person may not transfer a resort license from one business location to anotherlocation without prior written approval of the commission.
(14) (a) A resort licensee may not sell, transfer, assign, exchange, barter, give, or attemptin any way to dispose of the license to another person, whether for monetary gain or not.
(b) A resort license has no monetary value for the purpose of any type of disposition.
(15) (a) A resort licensee may not close or cease operation of a resort licensee for aperiod longer than 240 hours, unless:
(i) the resort licensee notifies the department in writing at least seven days before the day
on which the resort licensee closes or ceases operation; and
(ii) the closure or cessation of operation is first approved by the department.
(b) Notwithstanding Subsection (15)(a), in the case of emergency closure, the resortlicensee shall immediately notify the department by telephone.
(c) (i) The department may authorize a closure or cessation of operation for a period notto exceed 60 days.
(ii) The department may extend the initial period an additional 30 days upon:
(A) written request of the resort licensee; and
(B) a showing of good cause.
(iii) A closure or cessation of operation may not exceed a total of 90 days withoutcommission approval.
(d) The notice required by Subsection (15)(a) shall include:
(i) the dates of closure or cessation of operation;
(ii) the reason for the closure or cessation of operation; and
(iii) the date on which the resort licensee will reopen or resume operation.
(e) Failure of the resort licensee to provide notice and to obtain department authorizationbefore closure or cessation of operation results in an automatic forfeiture of:
(i) the resort license; and
(ii) the unused portion of the resort license fee for the remainder of the license yeareffective immediately.
(f) Failure of the resort licensee to reopen or resume operation by the approved dateresults in an automatic forfeiture of:
(i) the resort license; and
(ii) the unused portion of the resort license fee for the remainder of the license year.
Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session