at which an alcoholic product is sold at retail for consumption on the premises; and
(b)
that is located at an international airport or domestic airport. See Utah Code 32B-1-102
Arena: means an enclosed building:
(a)
that is managed by:
(i)
the same person who owns the enclosed building;
(ii)
a person who has a majority interest in each person who owns or manages a space in the enclosed building; or
(iii)
a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
that is a private event or a privately sponsored event;
(b)
that is held at one or more designated locations approved by the commission in or on the premises of:
(i)
a hotel;
(ii)
a resort facility;
(iii)
a sports center;
(iv)
a convention center;
(v)
a performing arts facility;
(vi)
an arena; or
(vii)
a restaurant venue;
(c)
for which there is a contract:
(i)
between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
(ii)
under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
(d)
at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Off-premise beer retailer: means a beer retailer who is:
engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
Off-premise beer retailer state license: means a state license issued in accordance with 4. See Utah Code 32B-1-102
offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
Package agency: means a retail liquor location operated:
(a)
under an agreement with the department; and
(b)
by a person:
(i)
other than the state; and
(ii)
who is authorized by the commission in accordance with 6, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
Package agent: means a person who holds a package agency. See Utah Code 32B-1-102
Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
Reception center: means a business that:
(a)
operates facilities that are at least 5,000 square feet; and
(b)
has as its primary purpose the leasing of the facilities described in Subsection (101)(a) to a third party for the third party's event. See Utah Code 32B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State store: means a facility for the sale of packaged liquor:
(i)
located on premises owned or leased by the state; and
Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
Temporary beer event permit: means a permit issued in accordance with 4. See Utah Code 32B-1-102
(a)
consistent with the policy established by the Legislature by statute, act as a general policymaking body on the subject of alcoholic product control;
(b)
adopt and issue policies, rules, and procedures;
(c)
set policy by written rules that establish criteria and procedures for:
(i)
issuing, denying, not renewing, suspending, or revoking a package agency, license, permit, or certificate of approval; and
(ii)
determining the location of a state store, package agency, or retail licensee;
(d)
decide within the limits, and under the conditions imposed by this title, the number and location of state stores, package agencies, and retail licensees in the state;
(e)
issue, deny, suspend, revoke, or not renew the following package agencies, licenses, sublicenses, permits, or certificates of approval for the purchase, storage, sale, offer for sale, furnishing, consumption, manufacture, and distribution of an alcoholic product:
(i)
a package agency;
(ii)
a full-service restaurant license;
(iii)
a master full-service restaurant license;
(iv)
a limited-service restaurant license;
(v)
a master limited-service restaurant license;
(vi)
a bar establishment license;
(vii)
an airport lounge license;
(viii)
an on-premise banquet license;
(ix)
a resort license, which includes four or more sublicenses;
(x)
an on-premise beer retailer license;
(xi)
a reception center license;
(xii)
a beer-only restaurant license;
(xiii)
a hotel license, which includes three or more sublicenses;
(xiv)
an arena license, which includes three or more sublicenses;
(xv)
a hospitality amenity license;
(xvi)
subject to Subsection (5), a single event permit;
(xvii)
subject to Subsection (5), a temporary beer event permit;
(xviii)
a special use permit;
(xix)
a manufacturing license;
(xx)
a liquor warehousing license;
(xxi)
a beer wholesaling license;
(xxii)
a liquor transport license;
(xxiii)
an off-premise beer retailer state license;
(xxiv)
a master off-premise beer retailer state license;
(xxv)
one of the following that holds a certificate of approval:
(A)
an out-of-state brewer;
(B)
an out-of-state importer of beer, heavy beer, or flavored malt beverages; and
(C)
an out-of-state supplier of beer, heavy beer, or flavored malt beverages; and
(xxvi)
a spa sublicense;
(f)
issue, deny, suspend, or revoke the following conditional licenses:
(i)
a conditional retail license as defined in Section 32B-5-205; and
(ii)
a conditional off-premise beer retailer state license as defined in Section 32B-7-406;
(g)
prescribe the duties of the department in assisting the commission in issuing a package agency, license, permit, or certificate of approval under this title;
(h)
to the extent a fee is not specified in this title, establish a fee allowed under this title in accordance with Section 63J-1-504;
(i)
fix prices at which liquor is sold that are the same at all state stores, package agencies, and retail licensees;
(j)
issue and distribute price lists showing the price to be paid by a purchaser for each class, variety, or brand of liquor kept for sale by the department;
(k)
(i)
require the director to follow sound management principles; and
(ii)
require periodic reporting from the director to ensure that:
(A)
sound management principles are being followed; and
(B)
policies established by the commission are being observed;
(l)
(i)
receive, consider, and act in a timely manner upon the reports, recommendations, and matters submitted by the director to the commission; and
(ii)
do the things necessary to support the department in properly performing the department’s duties;
(m)
obtain temporarily and for special purposes the services of an expert or person engaged in the practice of a profession, or a person who possesses a needed skill if:
(i)
considered expedient; and
(ii)
approved by the governor;
(n)
prescribe by rule the conduct, management, and equipment of premises upon which an alcoholic product may be stored, sold, offered for sale, furnished, or consumed;
(o)
make rules governing the credit terms of beer sales within the state to retail licensees; and
Consistent with the policy established by the Legislature by statute, the power of the commission to do the following is plenary, except as otherwise provided by this title, and not subject to review:
(a)
establish a state store;
(b)
issue authority to act as a package agent or operate a package agency; and
(c)
issue, deny, or deem forfeit a license, permit, or certificate of approval.
(3)
(a)
Subject to Subsections (3)(b) and (c), the commission may make rules permitting and establishing the parameters of a late license renewal.
(b)
The commission may not allow for the late renewal of a license after the later of:
(i)
the tenth day of the month after the month in which the license type is required to be renewed; or
(ii)
if the tenth day of the month after the month in which the license type is required to be renewed falls on a Saturday, Sunday, or state or federal holiday, the first business day after the Saturday, Sunday, or holiday.
Notwithstanding Subsections (1)(e)(xvi) and (xvii), the director or deputy director may issue an event permit in accordance with Chapter 9, Event Permit Act.
