32A-10-206 (Repealed 07/01/11) - Operational restrictions.
32A-10-206 (Repealed 07/01/11). Operational restrictions.
A person granted an on-premise beer retailer license and the employees and managementpersonnel of the on-premise beer retailer licensee shall comply with the following conditions andrequirements. Failure to comply may result in a suspension or revocation of the license or otherdisciplinary action taken against individual employees or management personnel.
(1) (a) Subject to Subsection (1)(b), a beer retailer licensee may sell beer for on-premiseconsumption:
(i) in an open container; and
(ii) on draft.
(b) Beer sold pursuant to Subsection (1)(a) shall be in a size of container that does notexceed two liters, except that beer may not be sold to an individual patron in a size of containerthat exceeds one liter.
(2) Liquor may not be stored or sold on the premises of any on-premise beer retailerlicensee.
(3) A patron of the on-premise beer retailer may only make a purchase from and beserved by a person employed, designated, and trained by the licensee to sell and serve beer.
(4) (a) Beer may not be sold, offered for sale, served, or otherwise furnished at anon-premise beer retailer establishment after 1 a.m. and before 10 a.m.
(b) Beer may not be sold, served, or otherwise furnished to a:
(i) minor;
(ii) person actually, apparently, or obviously intoxicated;
(iii) known habitual drunkard; or
(iv) known interdicted person.
(c) (i) Notwithstanding Subsection (4)(a), a tavern licensed under this chapter shallremain open for one hour after the tavern ceases the sale and service of alcoholic beveragesduring which time a patron of the tavern may finish consuming a single serving of beer notexceeding 26 ounces.
(ii) A tavern is not required to remain open:
(A) after all patrons have vacated the premises; or
(B) during an emergency.
(d) Between the hours of 2 a.m. and 10 a.m. on any day a tavern may not allow a patronto remain on the premises to consume alcoholic beverages on the premises.
(5) (a) Beer may not be sold at less than the cost of the beer to the licensee.
(b) Beer may not be sold at a special or reduced price that encourages over consumptionor intoxication.
(c) Beer may not be sold at a special or reduced price for only certain hours of the beerretailer's business day such as a "happy hour."
(d) More than one alcoholic beverage may not be sold or served for the price of a singlealcoholic beverage.
(e) An indefinite or unlimited number of alcoholic beverages may not be sold or servedduring a set period for a fixed price.
(f) An on-premise beer licensee may not engage in a public promotion involving oroffering free alcoholic beverages to the general public.
(6) Beer may not be purchased for a patron of the on-premise beer establishment by:
(a) the on-premise beer licensee; or
(b) an employee or agent of the on-premise beer licensee.
(7) Beer sold in a sealed container by the on-premise beer retailer licensee may beremoved from the on-premise beer retailer premises.
(8) (a) A person may not bring onto the premises of an on-premise beer retailer licenseean alcoholic beverage for on-premise consumption.
(b) An on-premise beer retailer licensee or an officer, manager, employee, or agent of thelicensee may not:
(i) allow a person to bring onto the on-premise beer retailer licensee premises analcoholic beverage for on-premise consumption; or
(ii) allow consumption of an alcoholic beverage described in this Subsection (8) on itspremises.
(9) An on-premise beer retailer licensee and an employee or the licensee may not permita patron to carry from the premises an open container that:
(a) is used primarily for drinking purposes; and
(b) contains an alcoholic beverage.
(10) (a) Except as provided in Subsection (10)(b), a minor may not be:
(i) employed by or be on the premises of an on-premise beer retailer licensee to sell,dispense, or otherwise furnish beer; or
(ii) on the premises of a tavern.
(b) Notwithstanding Subsection (10)(a), a minor who is at least 16 years of age may beemployed to enter the sale at a cash register or other sales recording device on the premises of anon-premise beer retailer that is not a tavern.
(11) An employee of a licensee, while on duty, may not:
(a) consume an alcoholic beverage; or
(b) be intoxicated.
(12) An on-premise beer retailer licensee shall display in a prominent place in theon-premise beer retailer licensee:
(a) the on-premise beer retailer license that is issued by the department; and
(b) a sign in large letters stating: "Warning: Driving under the influence of alcohol ordrugs is a serious crime that is prosecuted aggressively in Utah."
(13) An on-premise beer retailer licensee may not on the premises of the on-premise beerretailer licensee:
(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.
(14) (a) Each on-premise beer retailer licensee shall maintain accounting and otherrecords and documents as the department may require.
(b) Any on-premise beer retailer licensee or person acting for the on-premise beer retailerlicensee, who knowingly forges, falsifies, alters, cancels, destroys, conceals, or removes an entryin a book of account or other document of the on-premise beer retailer licensee required to be
made, maintained, or preserved by this title or the rules of the commission for the purpose ofdeceiving the commission, the department, or any of their officials or employees, is subject to:
(i) the immediate suspension or revocation of the on-premise beer retailer license; and
(ii) possible criminal prosecution under Chapter 12, Criminal Offenses.
(15) (a) A tavern licensed under this chapter may not close or cease operation for aperiod longer than 240 hours, unless:
(i) the tavern licensee notifies the department in writing at least seven days before theclosing; and
(ii) the closure or cessation of operation is first approved by the department.
(b) Notwithstanding Subsection (15)(a), in the case of emergency, a tavern licensee shallimmediately 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 tavern 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) A notice of closure or cessation by a tavern licensee shall include:
(i) the date of closure or cessation of operation;
(ii) the reason for the closure or cessation of operation; and
(iii) the dates on which the tavern licensee will reopen or resume operation.
(e) Failure of the tavern licensee to provide notice and to obtain department authorizationbefore closure or cessation of operation results effective immediately in an automatic forfeitureof:
(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year.
(f) Failure of the tavern licensee to reopen or resume operation by the approved dateresults in an automatic forfeiture of:
(i) the license; and
(ii) the unused portion of the license fee for the remainder of the license year.
(16) An on-premise beer retailer license may not be transferred from one location toanother, without prior written approval of the commission.
(17) (a) An on-premise beer retailer licensee may not sell, transfer, assign, exchange,barter, give, or attempt in any way to dispose of the license to any person, whether for monetarygain or not.
(b) An on-premise beer retailer license has no monetary value for the purpose of any typeof disposition.
(18) An on-premise beer retailer or an employee of the on-premise beer retailer may notknowingly allow a person on the licensed premises 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.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 391, 2008 General Session