Utah Code 32B-1-703. Alcohol training and education for off-premise consumption

32B-1-703. Alcohol training and education for off-premise consumption.

(1)

Terms Used In Utah Code 32B-1-703

Alcohol training and education seminar: means a seminar that is:

(a)	required by 7; and

(b)

described in Section 26B-5-205. See Utah Code 32B-1-102

Beer: means a product that:

(i)

contains:

(A)

at least . See Utah Code 32B-1-102

Beer retailer: means a business that:

(a)	is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and

(b)

is licensed as:

(i)	an off-premise beer retailer, in accordance with 2; or

(ii)

an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102

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

Local authority: means :

(a)	for premises that are located in an unincorporated area of a county, the governing body of a county;

(b)	for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or

(c)

for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102

Off-premise beer retailer: means a beer retailer who is:

(i)	licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and

(ii)

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 retail manager: means an individual who manages operations at a premises that is licensed under Chapter 7, Off-Premise Beer Retailer Act. See Utah Code 32B-1-701

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

Record: includes :

(i)

a book;

(ii)	a book of account;

(iii)

a paper;

(iv)	a contract;

(v)	an agreement;

(vi)	a document; or

(vii)

a recording in any medium. See Utah Code 32B-1-102

Staff: includes :

(i)	an officer;

(ii)	a director;

(iii)

an employee;

(iv)	personnel management;

(v)	an agent of the licensee, including a managing agent;

(vi)	an operator; or

(vii)

a representative. See Utah Code 32B-1-102

(a)

A local authority that issues an off-premise beer retailer license to a business to sell beer at retail for off-premise consumption shall require the following to have a valid record that the individual completed an alcohol training and education seminar in the time periods required by Subsection (1)(b):

(i)	an off-premise retail manager; or

(ii)	off-premise retail staff.

(b)

If an individual on the date the individual becomes staff to an off-premise beer retailer does not have a valid record that the individual has completed an alcohol training and education seminar for purposes of this part, the individual shall complete an alcohol training and education seminar in accordance with Section 26B-5-205 before the day on which the individual begins work as staff of an off-premise beer retailer.

(c)

An off-premise beer retailer may not permit an individual who is not in compliance with Subsection (1)(b) to:

(i)	directly supervise the sale of beer to a customer for consumption off the premises of the off-premise beer retailer; or

(ii)	sell beer to a customer for consumption off the premises of the off-premise beer retailer.

(2)	A licensee that violates this section is subject to Section 32B-1-702.

Amended by Chapter 328, 2023 General Session
Amended by Chapter 371, 2023 General Session

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