32B-1-207.  Calculation of ratio of gross receipts of food to alcoholic product.
     In calculating the annual gross receipts of a retail license or sublicense for purposes of determining the percentage of gross receipts from the sale, offer for sale, or furnishing of food or an alcoholic product, a retail licensee may not include in the calculation the money from the sale of:

(1)  a bottle of wine by the retail licensee or under a sublicense that is in excess of $175;

Terms Used In Utah Code 32B-1-207

  • License: means :
(a) a retail license;
(b) a sublicense;
(c) a license issued in accordance with 4;
(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. 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
  • Sublicense: means :
    (a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
    (i) a full-service restaurant license;
    (ii) a limited-service restaurant license;
    (iii) a bar establishment license;
    (iv) an on-premise banquet license;
    (v) an on-premise beer retailer license;
    (vi) a beer-only restaurant license; or
    (vii) a hospitality amenity license; or
    (b) a spa sublicense. See Utah Code 32B-1-102
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
    (2)  an individual portion of wine, as described in Subsection 32B-5-304(2)(a), by the retail licensee or under a sublicense that is in excess of $30; or

    (3)  an individual portion of spirituous liquor, as described in Subsection 32B-5-304(1), by the retail licensee or under a sublicense that is in excess of $30.

    Amended by Chapter 291, 2021 General Session